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2022-04-05 City Council - Full Agenda-3122Op E D o Agenda Edmonds City Council tnl. }nyo REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 APRIL 5, 2022, 7:00 PM PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY FOR THE PURPOSE OF PROVIDING AUDIENCE COMMENTS CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR COMMENT BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 THOSE COMMENTING USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. WHEN YOUR COMMENTS ARE CONCLUDED, PLEASE LEAVE THE ZOOM MEETING AND OBSERVE THE REMAINDER OF THE MEETING ON THE COUNCIL MEETINGS WEB PAGE. REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT 1. CALL TO ORDER/FLAG SALUTE 2. LAND ACKNOWLEDGEMENT 3. ROLL CALL 4. APPROVAL OF THE AGENDA 5. AUDIENCE COMMENTS THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. 6. APPROVAL OF THE CONSENT AGENDA Edmonds City Council Agenda April 5, 2022 Page 1 Approval of Minutes of Special Meeting of March 29, 2022 Approval of claim checks. PUBLIC HEARING 1. Public Hearing on Emergency Moratorium on Building Permit Applications for BD2 Zoned Lots that do not front on a Designated Street Front (60 min) 8. COUNCIL BUSINESS 1. Interim Design Standards for Multifamily -only Buildings in the BD2 zone (20 min) 2. 2022 PROS Plan Draft Revision Proposal (20 min) 3. Residential Occupancy Code Amendments Introduction (30 min) 4. Special Event Permits and Amendments to ECC Tltle 4 Licenses (30 min) 9. MAYOR'S COMMENTS 10. COUNCIL COMMENTS ADJOURN Edmonds City Council Agenda April 5, 2022 Page 2 6.1 City Council Agenda Item Meeting Date: 04/5/2022 Approval of Minutes of Special Meeting of March 29, 2022 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: 03-29-2022 Council Special Meeting Minutes Packet Pg. 3 6.1.a EDMONDS CITY COUNCIL HYBRID SPECIAL MEETING DRAFT MINUTES March 29, 2022 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Vivian Olson, Council President Kristiana Johnson, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Diane Buckshnis, Councilmember Laura Johnson, Councilmember ELECTED OFFICIALS ABSENT Susan Paine, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Susan McLaughlin, Dev. Serv. Director Mike Clugston, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst Jerrie Bevington, Camera Operator The Edmonds City Council special meeting was called to order at 7:00 p.m. by Mayor Nelson in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Council President Olson read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Paine. Mayor Nelson requested a moment of silence for Tyler Steffins, an off -duty Edmonds police officer who was murdered on Saturday. 4. PRESENTATION WRIA-8 PRESENTATION Councilmember Buckshnis introduced Jason Mulvihill -Kuntz, WRIA-8. Mr. Mulvihill -Kuntz expressed appreciation for the opportunity to speak to the council about the collaborative salmon recovery effort in Edmonds City Council Draft Minutes March 29, 2022 Page 1 Packet Pg. 4 6.1.a the watershed in which Edmonds is a strong partner. He recognize Councilmember Buckshnis, Edmonds' representative to the WRIA-8 Salmon Recovery Council. He reviewed: • Map of salmon in the watershed Salmoi in the watersh o Most populated watershed in the State with over 30 jurisdictions o Working to recover Chinook salmon primarily and focusing on both adult fish coming back to the watershed and juvenile fish that leave the watershed; in both fresh water systems of lakes and streams within the watershed (dotted blue on map) as well as the marine nearshore environment which is of particular interest to Edmonds where juvenile fish migrate as they make their way into Puget Sound and out to the Pacific Ocean o Goal: Recover harvestable, sustainable Chinook Salmon populations to achieve tribal treaty right fisheries as well as recreational fisheries o Although focus is on Chinook salmon, their efforts benefit other species as well such as coho or silver salmon and a unique species of landlocked salmon, the Lake Sammamish Kokanee Edmonds City Council Draft Minutes March 29, 2022 Page 2 Packet Pg. 5 6.1.a . ,�4P Proving ground for whether salmon and people can live together o Central Puget Sound population is currently about 4 million and projections are for another 1.8 million by 2050 o Salmon recovery deals with impacts of development o Make communities more sustainable and resilient ■ Climate change ■ Restoring river floodplains and shoreline and water quality Chinook Recovery 0 1999 Chinook salmon listed as threatened under Endangered Species Act o Local government partnership o Chinook Salmon Conservation Plan o Governance ■ Interlocal Agreement ■ Salmon Recovery Council: 29 local governments, tribes, federal & state agencies, nonprofits, businesses, citizens o Puget Sound Salmon Recovery Council What are our priority actions? o Habitat restoration ■ Restore river floodplains ■ Increase wood in streams ■ Replace armored shorelines with beaches, wood, and native plants ■ Remove invasive species and plant trees to restore streamside/riparian areas ■ Restore stream connections to Puget Sound along marine nearshore ■ Create cold water refuge in temperature impacted areas o Public education and outreach o Land use recommendations o Research and monitoring o Diversity, equity, and inclusion Integrating diversity, equity, and inclusion in salmon recovery o Revised grant funding applications and review criteria to strengthen DEI principles and outcomes Special projects/efforts o Developing public -private partnership to fund critical Ballard Locks infrastructure repairs o Addressing Ship Canal temperature to improve salmon survival o State/federal legislative priorities Restoring stream connections to Puget Sound Edmonds City Council Draft Minutes March 29, 2022 Page 3 Packet Pg. 6 6.1.a o Edmonds Marsh Restoration and daylighting Willow Creek o Meadowdale Beach and Estuary Restoration (constructed by late 2022) Council President Olson commented this presentation was very timely; the council has had a lot of conversations about salmon recovery in the context of the PROS Plan. One of the topics of discussion was whether the same funding sources are used for parks and park acquisition versus salmon recovery. She asked it was true that there were additional funding sources not available for other uses if salmon recovery was involved, so projects are not competing for the same General Fund dollars. Mr. Mulvihill - Kuntz answered there are specific state and federal funds directed toward salmon recovery efforts that are focused on watershed priority areas. The group will be prioritizing funding investments through state and federal grant programs toward priorities in the salmon recovery plan for the watershed, funding sources specific to salmon recovery habitat restoration efforts. The sources can sometimes be the same such as in the case of the Meadowdale Beach project, there is a county park there so Snohomish County was able to access both funding sources, park related funding as well as salmon habitat restoration funds. Council President Olson referred to prioritizing projects, and asked if things attached to Puget Sound were given higher priority and if so, why. Mr. Mulvihill -Kuntz answered they use a salmon lifecycle model to focus on areas of the watershed that are critical for the specific life stages of the fish they want to provide habitat for. They focus on restoring river floodplains because that is a critical habitat area for salmon as they come back to spawn. Juvenile fish coming out of the rivers migrating to the ocean need a different kinds of habitat which is the reason the marine shoreline habitat is a high priority for restoration. Council President Olson referred to Lake Ballinger, which is partially located in Edmonds, and asked if there was salmon recovery opportunity there or was it not on the same par as what could be done at the marsh or the creeks that go into Puget Sound. Mr. Mulvihill -Kuntz answered he was not as familiar with Lake Ballinger, but it is not a place Chinook salmon would go with any frequency so it is not a priority habitat area for Chinook salmon which is WRIA-8's focus. It may be a habitat area for other species like coho which utilize different streams than Chinook. WRIA-8 would not direct the funding sources they administer to projects in Lake Ballinger because it is not a high priority for WRIA-8. Councilmember Tibbott asked how committed Washington State is to restoring habitat on Puget Sound. Mr. Mulvihill -Kuntz said he was pleased to say it has become an even higher priority in the last couple years. During the last legislative session, the governor updated the State strategy for salmon recovery and put forward a proposal for investing $180 million to support salmon recovery priorities statewide. Not all of that was funded by the legislature, but it demonstrated the governor's strong commitment to salmon recovery. Part of that is recognizing the critical tribal treaty right that salmon provide and recognizing the State needs to invest in work that will support meeting that obligation to the tribal communities. WRIA-8 has tribal priorities in salmon recovery that are committed to getting to recovery and harvestable levels. It is a high priority, but there are competing needs around the State. The shoreline has always been a priority, and is probably even more of a priority now; the Tulalip tribes and other researchers have highlighted the value of coastal stream mouths where they enter Puget Sound and the importance of restoring those spots along the marine nearshore. There is a lot of investment going into removing bulkheads and promoting softer shoreline alternatives in the marine nearshore. It is a strong priority but there could always be more resources and investment. Councilmember Tibbott said the reason he asked was because the City is making a significant commitment to shoreline restoration and watershed improvements and would like to think the State was doing a significant amount to help with that work. Mr. Mulvihill -Kuntz said the federal government is another strong partner. When Senator Cantwell visited, he mentioned the goal of two projects in the nearshore for restoration and that that would be really challenging and she questioned doing just two, Edmonds City Council Draft Minutes March 29, 2022 Page 4 Packet Pg. 7 6.1.a saying that more needed to be done. He summarized there are strong partners in the congressional delegation as well. Councilmember K. Johnson said she have been very interested in this subject for as long as she has been on Council, about 10 years. During that time, the City has been waiting for the Unocal property to get cleaned up. She asked if the City should wait until the property is cleaned up and the ownership transferred from Unocal to WSDOT and hopefully to Edmonds, or should the City get started now putting materials together for the grant application. Mr. Mulvihill -Kuntz said that was a challenging question, recognizing there was a lot of risk the City would need to consideration in taking on a property like that in its current state. From WRIA-8's perspective, they would love to see the City explore the more comprehensive, multiple benefit type project in that area to maximize the habitat potential of the marsh. He was hesitant to suggest moving forward until the City knew what the full footprint might look like. WRIA-8 worked with the City early on and what they heard from the state review partners was it did not do enough, it was too small in scope, too narrowly focused and did not have enough opportunity for restoration to make it a strong investment for salmon recovery. They encouraged the City to consider the broader opportunity, the more comprehensive opportunity that exists that would require waiting for that property to be available for acquisition and made part of the project. Councilmember K. Johnson relayed her understanding that the previous application was related to a very narrow channel for Willow Creek. The City hopes to have a more comprehensive braided channel that goes through the entire marsh. She was chomping at the bit because she wanted this to happen, but it was a very slow process. Mr. Mulvihill -Kuntz agreed it was a slow process and WRIA-8 is equally chomping at the bit, but there are complications due to the status of the property. Councilmember K. Johnson recognized the contamination level on the property is another complication. Councilmember K. Johnson inquired about the status of culvert removal, relaying there is a very large culvert under Talbot Road that prevents fish passage on Perrinville Creek. Mr. Mulvihill -Kuntz answered culvert removal and fish passage barrier removal have become high priorities in part because of the culvert case that the tribes brought against the State and the Supreme Court case decision, basically telling the State they needed to fix culverts. The State has made a significantly increased investment as have local governments and the federal infrastructure bill provides funds that focus specifically on fish passage. There has been a lot of work done to prioritize and inventory barriers at the State level which is being coordinated with existing local government databases to ensure efforts are coordinated and ensure the sequence makes sense to open habitat for fish. That is an area where there has been significant investment recently. He did not know the status of specific barriers in the watershed; there are not a lot of barriers for Chinook salmon in the watershed so WRIA-8 is not as active in identifying barriers for removal and repair as other places that have barriers for Chinook. However, there are a lot of barriers for coho migration that would be important to consider removing so they can access habitat. Councilmember K. Johnson commented Perrinville Creek is just south of Meadowdale Creek and would be something important to look at as there is only one culvert. Mr. Mulvihill -Kuntz said that makes it a lot easier. Places where coastal streams enter Puget Sound such as a failing culvert under the railroad which could support juvenile salmon would be important as would be upstream culverts owned by the city, county or state. Councilmember K. Johnson asked if Hershel had been removed from the Ballard Locks. Mr. Mulvihill - Kuntz Hershel answered Hershel is probably no longer there but some of his cousins are. Predation by marine animals has become a big issue again; the number of salmon coming back has dwindled so much that when they queue up to get through the Ballard Locks in the ship canal, the harbor seals and sea lions see an easy meal. It is amazing to watch although disheartening for those in the salmon recovery business. Tribes have identified the growth of marine mammal populations in recent years and are pushing for ways Edmonds City Council Draft Minutes March 29, 2022 Page 5 Packet Pg. 8 to reduce that predation on fish. WRIA-8 has dabbled in supporting acoustic based technology that tries to startle the marine mammals out of the area so they do not have access to the fish, but its effectiveness is still being tested. Councilmember L. Johnson said she enjoyed her time as an alternate on WRIA-8 in 2020 and learned a lot, including that the majority of WRIA-8's focus is King County. Edmonds has been a member of WRIA-8 since its inception. She asked the annual funding availability and what projects within Edmonds have been supported with grants to date. With regard to future grant funding potential, the project WRIA- 8 lists for Edmonds is daylighting of Willow Creek and downstream from the Edmonds Marsh which she believed was within Marina Beach. She asked, if the City secured $1 million from another grant program, could that have been used as a match for a WRIA-8 grant. Mr. Mulvihill -Kuntz answered WRIA-8 has several different grant programs; state and federal funding of approximately $450,000/year and an additional $1.8 million every other year that can be spent anywhere in the watershed including in Snohomish County. That would be the funding source for any projects in Edmonds and was the source of grants that WRIA-8 awarded to the Meadowdale project. WRIA-8 also has local grant funds provided through the King County Flood Control District, approximately $3.7 million/year, but unfortunately that source can only be spent within the King County boundary of the watershed. When projects come forward for funding, the best funding source is considered and unfortunately the amounts available for projects in Snohomish County are more limited. With regard to if the City had $1 million for the marsh and daylighting of Willow Creek that were not salmon recovery dollars, could that be used as a match for WRIA-8 grants, he said absolutely. Councilmember L. Johnson asked about projects that have been funded to date in Edmonds and the amount. Mr. Mulvihill -Kuntz answered there have been at least two grants focused on early feasibility work related to the marsh restoration project. Councilmember L. Johnson referred to a study she read recently about nature preserves in Belgium that found dog urine levels are being deposited in nature reserves in such quantities that it is likely to be damaging to wildlife. She asked about concerns related to high levels of dog urine and potential negative impacts on salmon recovery efforts. Mr. Mulvihill -Kuntz said he not heard that to be a problem in this area. There are pet waste scoop laws due to the impact of pet waste on Puget Sound recovery in general and water quality. From what he knows of the effect on salmon, it does not have a huge impact on salmon, it is more for the general water quality of Puget Sound, nutrients and shellfish. He did not think it was a huge problem for salmon recovery. Councilmember L. Johnson offered to send him the study. Councilmember Buckshnis commented the $400,000 grant in 2013-2014 was related to hydrology. She complimented Congressman Rick Larsen who helped get $3.5 million awarded to Mountlake Terrace for Lake Ballinger restoration which will include Hall Creek which might help whatever salmon are in Lake Ballinger. She also complimented Jack Ferris who has been helping with the Puget Sound Partnership Salmon Recovery Council WRIA-8 pilot project related to restoration at the Ballard Locks, noting a catastrophic failure at the Ballard Locks could create serious issues. She referred to the earlier question about the $1 million grant, noting the design did not include Willow Creek. Councilmember Chen wondered whether there were opportunities for combining flooding problems on Perrinville Creek with projects for salmon. Mr. Mulvihill -Kuntz answered yes for the City, looking at multiple benefit opportunities to address a stormwater flooding issue and habitat restoration in one project. With the funding that WRIA-8 has available, they would not be able to fund that part of the project but would fund the project as whole, focused on the habitat restoration components related to the marsh that benefit juvenile Chinook. Beyond the marsh, juvenile Chinook do not access those areas; WRIA-8's grant resources are focused on Chinook salmon such as marsh restoration and downstream to Edmonds City Council Draft Minutes March 29, 2022 Page 6 Packet Pg. 9 6.1.a the marine nearshore outflow to Puget Sound. Councilmember Chen observed projects would require coordination. Mr. Mulvihill -Kuntz agreed and encouraged comprehensive thinking around multiple benefit projects where the City can meet multiple needs and create benefits as part of one project. Councilmember Chen referred Mr. Mulvihill-Kuntz's comments that Lake Ballinger would not be eligible for WRIA-8 funds. He asked if that decision was already made or were studies conducted to reach that decision. Mr. Mulvihill -Kuntz answered there is a lot of technical basis, science and conservation hypothesis done as part of the development of the watershed's Chinook recovery plan to identify priority habitats and which streams and areas of the watershed to focus on for habitat restoration. Lake Ballinger and the streams that outflow from it are not utilized by Chinook salmon in a way that would make it high priority for investment. There is important work to be done related to water quality and reducing flashy flows from stormwater runoff, but not related to habitat restoration work for Chinook salmon that WRIA- 8 provides resources for. He summarized Lake Ballinger is not a high priority location because Chinook salmon are not actively using it. Councilmember L. Johnson relayed her understanding of Mr. Mulvihill-Kuntz's comments that as far as WRIA-8's work, Lake Ballinger does not have the same priority as the Edmonds Marsh with regard specifically to Chinook Salmon. Mr. Mulvihill -Kuntz agreed. Councilmember L. Johnson relayed if one were to look at Edmonds holistically, would he say that Lake Ballinger is a priority area for other aspects related to environment protection. She wanted to emphasize that he was not saying that Lake Ballinger was not a priority as a whole but with regard to Chinook salmon, it was not WRIA-8's highest priority. Mr. Mulvihill -Kuntz agreed, from the work being done to recover Chinook salmon, Lake Ballinger is not a priority area for their focus. WRIA-8's focus for Chinook salmon recovery is the marine nearshore part of Edmonds. For the City, thinking about its environmental priorities, there are many other areas of value and importance. 5. APPROVAL OF AGENDA COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AMEND THE ORDER OF ITEMS 8.2, SALARY COMMISSION REINSTATEMENT, AND 8.3, ORDINANCE AMENDING CHAPTER 20.03 ECDC RELATED TO ADDRESSES FOR USE IN MAILED NOTICE. Council President Olson observed staff was present regarding Item 8.1 and it would be to their benefit to have those items sequential. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. Lynda Fireman, Edmonds, a resident of the 2nd floor at 600 Bell where the entire side of her condo will be facing the proposed wall, speaking for herself and her neighbors who are not comfortable speaking publicly, said the proposed project is above all about density and high density is the elephant in the room. The City is not addressing this on this project and may be encouraging it. The outdated zoning and comprehensive plan are not slated to be addressed until maybe 2024. Two of Mayor Nelson's 2022 priorities for the City are making Edmonds more livable and accessible and to improve public safety. The Edmonds City Council Draft Minutes March 29, 2022 Page 7 Packet Pg. 10 6.1.a moratorium is a thinly veiled attempt to appease the public outcry, it is very narrowly focused, doesn't address multifamily design standards, only addresses materials, private amenity space and streetside space or pedestrian areas on or around Main and not on the alley which is not enough and is another win for the developer who can use the rooftop deck as 50% of the amenity space and charge more for views whereas the adjacent condo gets a wall in front of them. She invited councilmembers to visit on a weekend day and envision what they will have to contend with. There is a survey marker in front of the garbage container; imagine an enormous building with a 40-foot solid flat wall against the entire length her condo between 23 and 25 feet from her windows, no privacy, no direct sunlight or view of life that she now has in abundance. With regard to safety, Ms. Fireman stated her garage is 18 inches below the alley grade; the garbage enclosure has been lifted up to meet the alley grade and obscures her vision. Backing up the incline, there is no visibility until fully in the alley, the wall is 15 feet away. The same will be true for this proposed building, drivers will be unable to see until they are in the alley and a mirror will not help. Cars park too close to both sides of the narrow alley entrance, both on 6' and 7t'', obstructing visibility and cars are unable to pass in the alley without a setback. Now with warm weather approaching, more vehicles and pedestrian with small children will be coming up and down on weekends and holidays. The 4t' of July parade and fireworks, the Taste, the alley is blocked by the City resulting in more pedestrians. The arts festival and walkable weekends result in traffic jams and vehicles blocking turns at 6t' and more bottlenecks at their alley entrance. The City said no loading zone is required on Main and no setbacks; she anticipated moving trucks blocking the alley for hours and compromising safety. The alley is a public right-of-way and not a private parking lot. She fears this building will be approved and they will be the sacrificial lambs and their property values will plummet. She asked the council to stop the development, it is too high density and if not, reduce it by 50%, require setbacks on the alley and fix the zoning and comprehensive plan so this doesn't happen again. James Martin, Edmonds, a resident on Alder Street, said Edmonds has many well-done features. He referred to Linda Fireman's letter to the editor in My Edmonds News, commenting if there are concerns, the time to make comments is before decisions are made, not after so he hopes his comments are timely. He was familiar with the property near the corner of 6t' & Main, commenting Ms. Fireman has a lot of valid points. He has never met Ms. Fireman other than reading her letter, bringing this subject to his attention. All the other properties on that alley seem to have setbacks so he suggested the council consider that all those other property owners complied with the requirement for setback and asked why the City would grant a variance for this location. He understood variance were appropriate at times, but it depends on the location, timing and type of variance. If this building has no setback and comes up to the alley. It will cause a serious problem for people exiting the condo garages as well as for traffic in the alley. He hoped the City and council consider Ms. Fireman's comments, the subject and the traffic and make the right decision for Edmonds for all time. Ken Reidy, Edmonds, said on March 2, 2022, the city attorney gave quasi-judicial training to the architectural design board. During the training, he spoke of ex-parte communication, Anderson v. the City of Issaquah and some generally scary things that made him think members took a bit of risk being on the ADB. He understood the City was having a hard time finding ADB members. He wondered why this went to the ADB as the first step in the process. The staff report states a subsequent lot line adjustment would be necessary to combine the two parcels into a single lot for construction of the apartment building and asked why that wasn't the required first step and why the ADB was spending time and taking on risk looking at a development that might not happen if the lot line adjustment was never approved or successfully appealed. He questioned why gaps were identified in the code that required a moratorium; the need for a code rewrite has been discussed since at least 2006 and hundreds of thousands of dollars have been budgeted for it, yet there are gaps in the code in 2022 that require a 2-month moratorium. Next, regarding the salary commission, the June 8, 2021 meeting minutes indicate a councilmember commented Edmonds City Council Draft Minutes March 29, 2022 Page 8 Packet Pg. 11 6.1.a there was an equity issue on council related to the salary because it makes it difficult for people who are working or who have children to participate. The restated motion the council passed 4-3 was to not reconvene the salary commission and leave the next 6-7 months to work on what equity would look like with the HR director leading and council participating. He found no evidence that anything whatsoever was done over the next 6-7 months so he requested someone provide an explanation as to why the salary commission was disbanded; it had active members whose terms had not expired. Now the council is planning to reinstate the salary commission when nothing was ever done regarding equity issues or anything else. Finally, he expressed support for council continuing to allow written public comments printed in the public record. Linda Ferkingstad, Edmonds, said until parks can be brought to people without access, she recommended bringing people to parks via free weekend transit to Edmonds parks. Second, she said Edmonds' tree canopy has increased 117.6 acres since the 2017 canopy report that used the same lidar technology as this month's report, showing that the 2017 regulations were successful. With 34.6% tree canopy, 5% over goal, there is no justification for the emergency taking of private property. Edmonds 2019 urban forest management plan suggests a property tax rebate for those who retain more than the required 30% of trees to compensate owners for tree retention. Instead, Edmonds has taken, then charges owners for tree rights that all previous home owners have legally benefited from. Edmonds has taken possession of 100% of the trees over 24" in diameter on all vacant properties, forcing owners to pay the City $3,000 to $12,000 for rights to each tree before removal to build needed homes. Edmonds then denies owners the rights to all remaining trees on their property by labeling them City protected trees. Even new owners will not have the rights to their trees. Edmonds is illegally taking property without just compensation, demanding hundreds of thousands to restore only partial property rights back to owners. U.S. laws are specifically written to prevent Edmonds' type of theft. The tree ordinance violates the U.S. Constitution's 5' and 14' amendments takings clause, Washington Growth Management Act and Edmonds Comprehensive Plan. Ms. Ferkingstad continued, for a year she has asked council to rescind the illegal tree ordinance with no response. She wondered if it would take a class action lawsuit for Edmonds to obey the law and stop the theft of property. Third, she said mandating that electric vehicle charging stations be installed in all new or existing homes when remodeled or repaired is wrong. Everyone goes to gas stations for fuel or public charging stations to recharge. Home charging stations are an optional convenience, an extra added to a home like an additional bathroom. Forcing homeowners who do not want or need one to pay thousands for new electrical wiring is governmental overreach for an unnecessary convenience. Fourth, Edmonds School District is teaching kindergarten students that they may not be boys or girls; teaching compassion for the less than 1% affected with gender dysphoria who are at 50% increased risk of drug addiction and suicide is good. Teaching all young children that they may have gender dysphoria is governmental overreach; parents should chose the appropriate age for that discussion. She respectfully asked Edmonds government to stay off their property, out of their homes and away from their children's gender. Natalie Seitz, Edmonds, said the PROS Plan has not been adopted and there has been a lot of lobbying on how environmental priorities could and should be included in the plan. Citywide environment priorities should be set through support from City staff, shared knowledge and a transparent public process with advertised times to participate and citizen engagement that is representative of the diversity and geography of the City. The process that is proposed, having a short-term advisory group set environmental policy, is not inclusive and will seek to undermine the public engagement and feedback obtained through the PROS Plan process. She referred to the opportunity provided WRIA-8 to speak and asked why the council representative to the Ballinger Forum has not organized a presentation from Mountlake Terrace on the recent grant funding received for salmon enhancement. She asked where the experts were to discuss public health and the effect of breathing particulate and diesel fuel emissions, water quality, climate change, and other habitat experts to best understand all facets of the environment as Edmonds City Council Draft Minutes March 29, 2022 Page 9 Packet Pg. 12 6.1.a the City weighs its open space investment opportunities. The council is not being even handed in deciding who has access to decision makers with the opportunity to discuss resources. She questioned what outcome citizens should expect if the council only chooses to receive a presentation from one group with their perspective, and given these actions, what assurance could the council provide her that the advisory group would be conducted in a more inclusive or equitable than who was afforded the opportunity to speak tonight. Ms. Seitz continued, the potential benefit of investment is only half the equation; there are still timeline costs and risks. Using Meadowdale as a proxy, it is not a contaminated site and smaller, $16 million for construction, 58% funded by Snohomish County taxpayers and 42% grant funded, a small fraction from WRIA-8. The budget and grant funding targets the City has set for the marsh are not realistic. Mountlake Terrace secured more for salmon enhancement than WRIA-8 has provided to Edmonds. She has proposed a path forward that could be equitable, inclusive and cause no harm to the marsh group other than that the processes and priorities would have to be public and inclusive. The City got the service analysis and the inclusive feedback from the PROS Plan process that sought to include multiple languages in underserved communities. It has been the council's choice not to invite other groups to present tonight. She encouraged the City to have an inclusive public process to decide environmental priorities, afford everyone, all residents of Edmonds but especially the more than 2,000 who participate in the survey and community meetings whose voices will be silenced and subverted with this effort, the opportunity to tell the City what they value most in the environment. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. Councilmember K. Johnson requested Item 7.5 be removed from the Consent Agenda. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF MINUTES OF REGULAR MEETING OF FEBRUARY 22, 2022 2. APPROVAL OF MINUTES OF SPECIAL/RETREAT MEETING OF FEBRUARY 25, 2022 3. APPROVAL OF MINUTES OF REGULAR MEETING OF MARCH 22, 2022 4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT ITEM REMOVED FROM CONSENT 5. ORDINANCE ADOPTION - ELECTRIC VEHICLE (EV) CHARGING INFRASTRUCTURE (Previously Consent Agenda Item 7.5) Councilmember K. Johnson said she pulled this because she wanted to vote against it. The electric vehicle charging infrastructure standards were based on Denver, Colorado, and were not compatible with Edmonds multifamily development. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE PROPOSED ORDINANCE. Edmonds City Council Draft Minutes March 29, 2022 Page 10 Packet Pg. 13 6.1.a UPON ROLL CALL, MOTION CARRIED (5-1), COUNCILMEMBERS CHEN, TIBBOTT, BUCKSHNIS, L. JOHNSON AND BUCKSHNIS VOTING YES; COUNCILMEMBER K. JOHNSON VOTING NO. 8. COUNCIL BUSINESS 1. INTERIM DESIGN STANDARDS FOR MULTIFAMILY -ONLY BUILDINGS IN THE BD2 ZONE Development Services Director Susan McLaughlin acknowledged that, 1) there is a housing affordability issue in Edmonds, 2) the comprehensive plan supports a variety of housing types including multifamily development in the downtown activity center, and 3) in the interest of seeing successful multifamily development, it is critical that there are design standards to support that. The proposed interim design standards are intended to fill the gap for multifamily buildings in the BD2 zone. Staff welcomes council feedback on the interim design standards. Senior Planner Mike Clugston reviewed: • Moratorium Ordinance 4247: o "The purpose of this moratorium is to allow the City adequate time to draft interim zoning regulations for the BD2 zone that would change the required setback for properties that do not front on a Designated Street Front." o This was NOT a comprehensive look at the BD zones or multifamily design standards • Downtown Business Zones Designated Street Front o BD 1 — Retail Core o BD2 — Mixed Commercial o BD3 — Convenience Commercial Edmonds City Council Draft Minutes March 29, 2022 Page 11 Packet Pg. 14 6.1.a o BD4 - Mixed Residential o BD5 - Arts Corridor Designated Street Front (identified by blue line on above map) Standards o Commercial and mixed -use building 0 45-foot depth of ground floor commercial o Floor height minimums o Transparency and access at sidewalk o Detail at ground level o Multifamily allowed behind 45 feet or above BD2 parcels without Designated Street Front (on the edges of the BD2 zone, transition between the core and typically multifamily residential or single family residential) o Small area on Main Street, small area on 2' Avenue a few parcels up 3' and 2nd Avenues and two parcels on Sunset. o Two situations 1. Property is adjacent to R-zoned property, and/or 2. Property is adjacent to other BD2 property Comprehensive Plan: Downtown/Waterfront Activity Center o Downtown/Waterfront Area Goal E. Identify supporting arts and mixed use residential and office areas which support and complement downtown retail use areas. Provide for a strong central retail core at downtown's focal center while providing for a mixture of supporting commercial and residential uses in the area surrounding this retail core area. Emphasize and plan for links between the retail core and these supporting areas. ■ E.1 Support a mix of uses downtown which includes a variety of housing, commercial, and cultural activities. o Downtown/Waterfront Area Goal F. Focus development between the commercial and retail core and the Edmonds Center for the Arts on small-scale retail, service, and multi -family residential uses Comprehensive Plan: Downtown Design Goals and Policies o Vehicular access and parking o Pedestrian access and connections o Building setbacks o Building/site identity o Massing Proposed design standards o Materials ■ Benefits - Breaks up massing; strengthens identity - Preferred exterior materials: stone, wood, architectural metal, brick, and glass - Manmade okay if made to look like preferred - Photos of projects using more traditional building materials o Street -side amenity space ■ Benefits - Results in setback to the street to serve as amenity space - Activates street front to improve the pedestrian experience - Strengthens pedestrian access and site identity ■ Plan view - Street -side Amenity Space - 5% of lot area must be provided - Shall be between building and sidewalk only and open to sky - Must include landscaping, seating, art, etc. ■ Section Cut - Street Facing Edmonds City Council Draft Minutes March 29, 2022 Page 12 Packet Pg. 15 6.1.a - Street -side amenity space area excludes any private amenity space area that is provided at the front of the building - Canopy/awnings required and does not impact amount of street -side amenity space o Private amenity space ■ Benefits - Improves livability for smaller residential units - Allows for architectural discretion to design amenity space to align with building character, orientation and style - Provides additional articulation of massing, adds interest to the facade and increases `eyes on the street' thereby improving safety ■ Plan View - Private Amenity Space - 10% project area - Balconies, decks, patios, yards - Together with a dwelling unit or grouped for resident use - If with individual units, > 40 sf - 50% of required area can be achieved with a rooftop deck ■ Section Cut - Adjacent Property - Balconies can project 5' into setback from R-zone property - Decks and patios 10' Mr. Clugston explained the goal tonight, if the council is satisfied with the proposed standards, is to adopt the ordinance in the packet as Exhibit 3 referencing Exhibit 2, the new standards that would be applied to Chapter 23.43. Councilmember Buckshnis said she had a problem with the BD zones having no commercial; in her opinion adding these high density properties was ruining the downtown area because, in her opinion, the BD2 zone was mixed commercial, not residential. The council should look at all the BD zones because she did not understand how the downtown area, which should service small business, is suddenly becoming more dense and apartment blocks. She questioned allowing straight up residential in a BD zone with no mixed use at all. Ms. McLaughlin answered the code allows solely multifamily developments in the BD2 when not adjacent to the blue lines (designated street front) on the map. It is meant to be a transitional space, in an urban development transect, the retail commercial core allows for some residential but predominantly active storefronts on the ground level. This area was always intended to be a transitional zone where it will transition to residential only. The parcels on the edges of BD2 are where that transition is occurring. She acknowledged there could be philosophical differences regarding that. Mr. Clugston agreed the code specifically allows it. He was not employed by the City when the code was adopted in 2006/2007, but these are transitional area on the outside edge of the BD2 zone and the feeling was while it could be mixed use, they could also be just multifamily based on their location relative to the BD 1 zone around the fountain. Councilmember Buckshnis said she understood transitional zones, but she wondered how those areas of BD2 were selected and did not go further into 6t' or further up to Bell. In her opinion, the City needed to unwind all the BD zones; it is important to keep businesses in the downtown area thriving and not have high density buildings. She relayed a citizen's question about whether the two lots have different setbacks and his feeling it should not have gone to the ADB due to the lot differentiation. Mr. Clugston said prior to adoption of the BD zones, this area was zoned community business (BC). When the different BD zones were developed, the intent was to apply them to the types of development that were there at the time, understanding that most of the commercial area will be around the fountain and radiating out, with transition spaces at the furthest edges. That is what this proposal is trying to address. Edmonds City Council Draft Minutes March 29, 2022 Page 13 Packet Pg. 16 6.1.a Ms. McLaughlin cautioned about not getting into specifics about the project that is under review. She clarified there is no variance proposed for that project. Mr. Clugston explained all the development codes have to be met; the City's variance criteria are very restrictive, primarily related to parcels with environmental constraints. Virtually nowhere else has a variance been granted in the 15 years he has been at the City. Councilmember Buckshnis observed there are two different properties. Mr. Clugston explained they are both zoned BD2 with the exact same development standards. The only difference is the eastern side of the site is adjacent to multifamily residential which requires a 15' setback. Councilmember Buckshnis asked if that 15' setback was still required. Mr. Clugston answered it was. Councilmember Tibbott asked what the setback from the lot lines was for BD2; he understood there was 5% for the front and asked if there was a setback requirement for the side or rear. Mr. Clugston answered there are zero setbacks from any lot line in the BD2 zone whether street, side or rear. The only setbacks that exist for these parcels are when they are adjacent to R zoned property which requires a 15' setback. Councilmember Tibbott asked how long that setback standard had been in effect. Mr. Clugston answered since 2007 when the code was adopted. Councilmember Tibbott asked what it would take to extend the blue lines. As the downtown fills up and commercial businesses thrive when there are other good, viable strong commercial businesses around them, it seems that more commercial space would add to the vibrancy of the downtown. It has been 15 years since those standards were adopted, it may be necessary to extend the blue lines. Ms. McLaughlin answered that certainly should be considered in the scoping for the comprehensive plan update. Given that the downtown activity center is such a robust commercial retail and residential center, the City needs to analyze commercial demands, the future of retail, as well as multifamily design standards coupled with how to meet housing needs. Mr. Clugston commented there have been about 6-7 redevelopment projects since these codes were adopted in 2006/2007. The pace of turnover is very small for a number of reasons. The developer could have proposed a mixed use building for this site but chose not to, believing that residential made more sense than mixed use. Councilmember Tibbott referred to the areas on the edges of the BD2 without Designated Street Front that have been filling in and said there may be opportunities to extend the vibrant business life. He asked if there were any ingress/egress parking standards in BD2, and if so, what were they and what provisions were made to go from a garage to an alley or from a parking lot to a public street. Mr. Clugston said the code does not want access onto the main streets and to have residents use the alley as much as possible. Buildings that do propose to use the alley need to ensure that access can occur safely. Ensuring that access occurs in a safe manner is reviewed with every with building permit. If a building went up to the rear lot line, Councilmember Tibbott asked if turning radius inside the building would be required, wide enough garage doors for sight distance, etc. Mr. Clugston referred to the post office where there is a gap in the wall from one of the drive aisles to allow drivers to see pedestrian on the sidewalks, or sometimes mirrors are used. There are a number of different ways that can be addressed. Councilmember Tibbott observed those standards are already in the code. Mr. Clugston agreed they were. Council President Olson said the overriding reason for standards is to protect other properties in the area, other homeowners in the area and the community as a whole. She thanked staff for this proposal which addressed something that was lacking and what they have brought forward makes a difference and will help with projects that fall into this gap. However, two significant things were not addressed that she hoped could be addressed, first the issue of accommodating loading/unloading on the property. This is 24 units that will have regular turnover, whether it is the tenants moving in and out or having furniture or appliances delivered. She was concerned with a building accommodating 24 families not designating an area for deliveries and felt it should be addressed in the code or be a design requirement. The loading Edmonds City Council Draft Minutes March 29, 2022 Page 14 Packet Pg. 17 6.1.a zone could be the setback and provide additional space for people entering/exiting their garages from the alley. Ms. McLaughlin expressed concern that Council President Olson's question was very project related. She offered to speak in theory but not to the project itself as the proposed standards are applicable to all parcels in the BD2 zone. Council President Olson pushed back on that assertion, pointing out any buildings without setbacks on the alley would be in the same situation. Ms. Laughlin said there are temporary right-of-way permits for loading for this reason. There will be episodic loading needs in any urban environment, particularly for moving in/out of buildings. A requirement to accommodate a WB-67 moving truck would deem parking structures infeasible due to turning movements. Staff could look at what that would require and how much space it would take out of the programmatic area, requiring the developer to compensate in other aspects of the project to make that program work. The nature of an alley is that it is slightly utilitarian. Requiring a 25' width to allow a truck to unload would be a significant amount of space in the alley, pushing the alley to 44' wide. Council President Olson commented it would not increase the alley width, it would be on the property and made available for loading/unloading which can be expected to occur with some regularity. Ms. McLaughlin said that would need to be dimensioned out. The reason why that is not seen in any other city is because the curb space or alleys themselves are typically used for loading/unloading and moving. Council President Olson referred to the use of "urban" and pushed back, saying Edmonds is a suburban and not an urban environment and she hoped that was part of the planning. Use of the alley for ingress/egress to garages has been encouraged, and loading/unloading from the alley could block access which would have a huge impact. She was trying to assess if it was an option to require some setback from the alley. Ms. McLaughlin asked if her question was how to accommodate moving trucks onsite. Council President Olson answered it was related to moving trucks or delivery trucks. Ms. McLaughlin said the engineering/permitting team could answer that question better than she could and offered to provide further information. Council President Olson said her other issue was consolidating parcels, which is not mandated, and should be an opportunity for the City to get a concession that supports the comprehensive plan. The comprehensive plan says the City cares about light and not having huge, blocky structures, but this building on a slope which the building height assessed at that level, the center point would be in a different place on one of the parcels versus the consolidated parcel. Consolidating parcels has a negative impact in terms of light. When that is allowed, there should be a requirement for a step down or modulation in the roof line to provide breaks of light to everything around it. That should be required because the parcels are being consolidated and they are not currently allowed to be built on in that manner. If the lots were developed without consolidating them, there would be breaks between the buildings due to required setbacks. Ms. McLaughlin said State law exempts lot combinations from the subdivision law, essentially streamlining lot combination which is intended to ensure it is not a hinderance to meeting density goals. The City does have some discretion to ensure any lot combination meets the objectives within the comprehensive plan. Mr. Clugston explained there is no required setback between the parcels, if they are both zoned BD, they can be built wall to wall. The only time a setback is required is if it is adjacent to a residentially residential zoned parcel. As an example, he referred to a clump of parcels south of Main between 6'1i and Durbin where, in theory, one person could buy the approximately 8 parcels and construct one building on it. At the northeast corner of 6' & Main, one person could buy three parcels, combine them and develop one project on the site. Lot consolidation for projects happens all the time; if someone owns all the parcels, they can be combined and a larger project developed on it. That would also apply to Edmonds City Council Draft Minutes March 29, 2022 Page 15 Packet Pg. 18 6.1.a parcels on Yd and there are no setbacks between the parcels because they are not adjacent to an R zoned property. Even if one person did not own all the parcels, each property could be developed wall to wall. Mr. Clugston continued, the intent of the design standards is when there are two adjacent BD2 parcels that could have multifamily, private amenity space needs to be provided. One of the ways to do that is either move the building back to provide a balcony that projects out or create a balcony that is recessed into the building; either way provides some modulation. There are other ways to achieve that standard such as a rooftop desk. When there are no setbacks, buildings can be constructed right to the property line and that is the case with the overwhelming majority of the parcels in the BD zones. Council President Olson said that explanation clarified it for her. She asked if the City just got lucky with the architectural design of the first two parcels at 6th & Main that follow the slope. That makes a big difference and she was unsure if that occurred because the developer chose to be nice and cared about making the community look good, or if the City had it in code. Mr. Clugston said he was not familiar with the location Council President Olson was referencing. Council President Olson referred to the buildings on the north side of the street at 6t' & Main, the two largest parcels on the northwest corner of the intersection. Mr. Clugston answered those were zoned multifamily, not B132, and were built a number of years ago so he did not know what the code requirement was for height measurement at that time. Councilmember K. Johnson asked for a description of public amenity space. Mr. Clugston displayed the plan view, explaining the street -side amenity space has to be 5% of the lot area and must be provided between the building and the sidewalk, be open to the sky and must include landscaping, seating, art, or similar elements. He displayed the section view, identifying the street -side amenity space, the space between the sidewalk and the building front that acts like a setback that is activated through uses. Councilmember L. Johnson referred to the map that illustrates the areas with and without designated street fronts, recalling Mr. Clugston's comment that the areas on the edges of B132 without designated street fronts were transitional areas. Mr. Clugston referred to the intersection of Main & 5t'', and the parcels radiating away from that, the BD 1 zone, the retail core. Just outside of that on all sides is the B132 zone, adjacent to the retail core and in some instances does not extend very far but in some areas it does. Councilmember L. Johnson asked what PRD 2002-102 means. Mr. Clugston answered it was a Planned Residential Development for single family development. Councilmember L. Johnson asked if loading/unloading spaces were required for any other residential type. Mr. Clugston answered not to his knowledge. Councilmember Chen said he had two questions, first, as the City grows, would the BD 1 zone need to be expanded into the BD2 zone. Ms. Mclaughlin said that is something that the needs analysis as part of the comprehensive plan update will consider, what are the City's commercial and retail demands and where should they be located, looking at the City and its activity centers as a whole, including the medical center, downtown and waterfront. She looked forward to doing a needs analysis and engaging the council in those discussions. Edmonds is unique in the sense that all the retail spaces are occupied which is a great sign. It was unclear where there was pent up demand; that will require some retail analysis. Councilmember Chen said his second question was whether the interim code only applied to residential or if it applied to both residential and mixed use, noting the current code allows both residential and mixed use. Mr. Clugston said there are existing design standards that apply to mixed use or commercial/office projects. This proposal would apply only to standalone multifamily buildings. Because this is residential only, the same amount of design analysis has not been done which is why these standards have been proposed. Ms. McLaughlin said that is the unanticipated gap; the intent is to fill that gap with these Edmonds City Council Draft Minutes March 29, 2022 Page 16 Packet Pg. 19 6.1.a interim design standards specifically for multifamily. Staff is also working on multifamily design standards that would apply citywide. Councilmember Chen suggested the recommendations from the Citizen Housing Commission (CHC) be revisited and incorporated. Ms. McLaughlin agreed some of the CHC's recommendations were applicable to multifamily design standards and others will be applicable to the comprehensive plan update. Councilmember Buckshnis said she still has an issue with not being project specific when it was dealing with a project. This will be displacing 7-8 businesses, some of them women -owned, in the downtown business district. Acknowledging the council cannot consider project specifics, she asked if traffic, stormwater, or sewer impacts had been considered. As this will be a dense project with 24 - 48 extra cars, she asked if a traffic study had been done. She referred to the aging infrastructure, recalling a sewer break on 5' Avenue in the past. Ms. McLaughlin assured that was part of the permitting process which looks at everything that Councilmember Buckshnis mentioned including the need for traffic analysis, stormwater, existing utilities, what it can support and whether there is capacity. Councilmember Buckshnis asked the timeframe for the citywide multifamily design standards. Ms. McLaughlin answered the senior planner that was leading the effort left the City. Recruitment is underway for that position and it may be expedited by moving to a consultant process; those options are being analyzed. Councilmember Buckshnis recalled discussions at the Economic Development Commission about light and buildings next to each other and interest in setbacks. She recalled there were setbacks in Westgate and asked why no setbacks were being enforced to allow for light for adjacent buildings so they did not just look out on a wall. Ms. McLaughlin answered defining light and air can be fairly subjective. There could be a lighting/shadow study done on projects which was something she recommended. Oftentimes when there is an alley or street, particularly when the street is up to 25' wide, the light and air issue is mitigated by having that space in between buildings. Looking at historic downtowns within a tight urban fabric, the buildings are adjacent to each other like in Edmonds downtown core; the street provides light, air and separation. The same is seen in the development that is currently under review. Councilmember Buckshnis said there is plenty of density in the downtown area. Her issue is changing the mix of the BD zone, and making it more residential. She was aware it was allowed because it was not identified as a designated street front but she was still concerned that mixed use was not required. Council President Olson said this question was already answered but she wanted to be sure staff understood the question the way she intended; staff was saying no other condos or apartments were required to provide loading/unloading even if there is no parking lot associated with the complex. Ms. McLaughlin said in talking with Environmental Program Manager Kernen Lien today about this issue, the only one he could recall was a project that requested a loading zone. Council President Olson said this comment was not related to the specific item but for all planning going forward, especially in downtown areas, when the building follows the slope like it does between 5t' & 6t' on the north side of Main, it is great and charming and although there are no setbacks on the side, it is so cute. She hoped that could be implemented in more places and made a priority in planning going forward. Councilmember Chen commented in terms of timing, the moratorium is expiring so there is some urgency. Ms. McLaughlin said in the interest of lifting the moratorium, given the magnitude of a moratorium on development and market dynamics, a public hearing on the moratorium is scheduled on April 5t''. These interim design standards will be returned to council on April 5t'; staff s recommendation is that the interim design standards be adopted and the moratorium would then be lifted on April 5tn With regard to the effective date of the proposed ordinance, City Attorney Jeff Taraday explained as currently drafted, it would not take immediate effect. Assuming it is adopted on April 5t'', it would not Edmonds City Council Draft Minutes March 29, 2022 Page 17 Packet Pg. 20 6.1.a take effect until April 15'. The ordinance could be drafted to take immediate effect, but it would require a majority plus one vote to pass. Councilmember L. Johnson asked if there was any risk with continuing with the current proposed timeline of a public hearing on April 5' and adoption of the interim design standards on April 5'. Mr. Taraday answered by his calculation if the ordinance is adopted on April 5" without an emergency clause, it would take effect on April 15th. City Clerk Scott Passey advised it would take effect on April 13'. Mr. Taraday said that was before the moratorium expired. Councilmember L. Johnson observed adding an emergency clause would allow the ordinance to take effect sooner if there was some benefit to that. Mr. Taraday agreed. Councilmember K. Johnson asked about the benefit of have more than 5% public open space and what the timing would be to incorporate that change into the proposed ordinance. Mr. Clugston answered given the short amount of time, it would be easier to stick with this proposal. That could be considered in the permanent multifamily design standards. Councilmember K. Johnson requested staff put that on the list of things to look at in the permanent standards. Councilmember Buckshnis asked why the setback standards for RM-1 weren't used such as in the BD4 zone. She recognized this was a transition zone and the intent is a standalone multifamily property. Mr. Clugston explained BD2 is mixed commercial adjacent to BD1. He displayed a map identifying the 13134 zone, downtown mixed residential, which is located in the southwest area of downtown and off by itself. In BD4, if a project is mixed use, there are no setbacks; if it is multifamily only, then RM-1.5 setbacks apply. The three sites that the DB4 zone covers are large, developed sites that were developed without designated street front standards. The RM setbacks are not appropriate for the BD2 zoned parcels which do not have side setbacks unless adjacent to residential which has a 15' setback requirement. With regard to adding an emergency clause to the ordinance, Council President Olson said if the effective date of the ordinance fit within the moratorium period without an emergency clause, how would an emergency be justified? Mr. Taraday said that was a good question; he did not want to rule out the possibility that an emergency declaration could be drafted that would be valid, but Council President Olson was correct that the ordinance would need to state the basis for taking emergency action. That basis is usually left to the discretion of the legislative body. If council or staff suggested a basis for an emergency, he would not eliminate that possibility, but she was correct that expiration of the moratorium was one basis that probably wouldn't satisfy the emergency clause. 3. ORDINANCE AMENDING CHAPTER 20.03 ECDC RELATED TO ADDRESSES FOR USE IN MAILED NOTICE Council President Olson explained the reason for notices is to make citizens and other stakeholders aware when there is a project that might influence their interests. The City has been made aware that notices are not always getting to the right people. The intent of this item is to determine how to change the code to resolve that via a code update. City Attorney Jeff Taraday explained this ordinance was requested by the council president. He tried to correct something that had been brought to her attention, that there are two different types of owner addresses held by Snohomish County, the taxpayer address and the owner address. Most often those addresses are the same, but it is possible for a property owner to contact the county and ask that tax statements be sent to a different address such as when someone owns property in the City but does not reside at the property and wants to receive mail elsewhere. The question is how to best provide notice to the public, in this case about development projects but it could be posed even more broadly. Mr. Taraday continued, because he did not involve City staff early enough, some issues were raised late in the game as this was going into the packet that have not yet been resolved. One such issue is that Edmonds City Council Draft Minutes March 29, 2022 Page 18 Packet Pg. 21 6.1.a typically amendments to Title 20 are reviewed by the planning board before being adopted by the city council. That is not necessary under State law as some things in Title 20 do not quality as development regulations under GMA and do not require review by the planning board. The Edmonds planning board has historically reviewed Title 20 and the last time this chapter was amended, the planning board reviewed it and provided a recommendation. That is a procedural question whether this needs to go to the planning board prior to approval by the city council. If there is urgency, this could be drafted as an interim ordinance so that it could take effect and then go to the planning board. Mr. Taraday said the second issue brought to his attention was concern with implementation, requiring City staff to provide notice to both the taxpayer address and the owner address would require more work for staff so that should be factored into the cost/benefit analysis. Mr. Clugston commented it would take extra time to cross check the lists to provide notice to taxpayer addresses and property owner addresses. Staff currently gets the list from the county assessor; the code requires using real property owner addresses. There would be extra time involved although he was unsure it would be a tremendous amount in the scope of a large land use project. Mr. Taraday said another issue that was brought to his attention that was not included in the ordinance was any change to SEPA notices. As currently drafted, there could be an inconsistency between the way SEPA notices and other types of development notices were done. That was another thing that would need to be addressed going forward. Mr. Clugston said the code requirement in the SEPA section is mailed notice to real property owners as shown on the county assessor records. Council President Olson asked if the real property owner was the property owner or the taxpayer. Mr. Clugston said it means the real property owner. Typically there are two addresses listed, 99% of the time they are the same, sometimes the taxpayer lives elsewhere or has their mail sent someplace else. The code currently requires notice be sent to the property owner. Council President Olson relayed her understanding that SEPA notice was also sent to the real property owner. Mr. Clugston agreed. Council President Olson observed sending the notice to both was the only way to ensure that anyone who might be a stakeholder was notified. Mr. Clugston said the same change would need to be made to the Shoreline Master Program notice requirements. Council President Olson summarized the council was not ready to take action. She asked if council agreed they wanted to have staff continue working on this and bring it forward. Councilmember Tibbott suggested when staff brings it back, he would be interested in knowing the scope of the problem, whether it was actually inconveniencing a number of people, whether it was a public safety issue, or what was the reason for providing extra notices to taxpayers. If there were a small number of aberrations, he was interested in what would be involved to find that aberration, anticipating a lot of time could be spent looking for a needle in a haystack. Ms. McLaughlin said this is not something proposed by staff and staff has not begun working on it yet. In the interest of public notification, staff supports new strategies, but already does pretty extensive public notification including posting onsite, posting at the library and other locations, mailing to the assessor's list, etc. It is already fairly time consuming for staff on a project by project basis. The City is receiving historic numbers of permits so the ability to turn permits over quickly is also important. When staff brings this back she wanted to address all the datapoints to consider it holistically. Councilmember Buckshnis recalled a property by Haines Wharf where there was a difference between the property owner and the taxpayer. She agreed with waiving the review by the planning board. She agreed it would also impact noticing requirements for the Shoreline Master Program. Edmonds City Council Draft Minutes March 29, 2022 Page 19 Packet Pg. 22 6.1.a Councilmember L. Johnson questioned how a cost/benefit analysis would be done such as determining the staff time that would be required. Without that, she did not have the information to gauge whether this was something the City should undertake. She questioned whether staff had the time to do a cost/benefit analysis and whether that was a priority given everything else that is going on; she was not sure it was. Ms. McLaughlin said staff does not track the amount of time spent on mailing notification. A trial period would need to be identified to conduct a cost/benefit analysis, etc. She was happy to provide datapoints and bring back whatever makes sense if the council is interested in pursuing it. Councilmember L. Johnson said she was not interested in this right now. There is enough on everyone plates and she was not sure it was a priority. Council President Olson respected that thought, but said anyone who has not receiving the notice they need or they miss it, then they are not vested and do have not have rights. Protecting citizens is a high priority to her. She suggested the council vote on whether to have staff spend time on this. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO HAVE STAFF LOOK AT THIS SO IT CAN COME BACK TO COUNCIL FOR A DECISION. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO AMEND TO HAVE IT COME BACK IN SIX MONTHS. COUNCILMEMBER L. JOHNSON AND THE SECONDER ACCEPTED AN AMENDMENT TO HAVE IT COME BACK WITHIN SIX MONTHS. AMENDMENT CARRIED (5-1) COUNCILMEMBER K. JOHNSON VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 2. SALARY COMMISSION REINSTATEMENT Council President Olson commented everyone is very familiar with this item. It was discussed at length when the salary commission was disbanded in June 2021 and it is back at city council after directing the city attorney to draft an ordinance to reinstate the salary commission. Councilmember Buckshnis said the original ordinance repealed the salary commission and she recalled City Attorney Jeff Taraday saying it was not necessary to have an ordinance to repeal that ordinance. If the ordinance wasn't repealed she asked how establishment of a new salary commission was recognized. Mr. Taraday said the proposed ordinance would do that. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE ORDINANCE NO. 4252, THE STAFF RECOMMENDATION TO REESTABLISH THE SALARY COMMISSION. Councilmember Tibbott said he was in favor of the motion but was uncertain about the timing of implementing the salary commission. It was his understanding there was a preference to implement it between election years. He asked when the ordinance would go into effect and the duration, recalling it was two years. Council President Olson answered the interval was two years. The salary commission would be reinstated in an odd year in 2023. Council President Olson relayed everything she said in opposition to disbanding the salary commission in 2021 are the same reasons for supporting the reinstatement today. Salaries for elected should not be set by the electeds. The council's past practice of appointing competent and trusted citizens to set the pay via a salary commission is the best approach. She expressed support for the motion. Edmonds City Council Draft Minutes March 29, 2022 Page 20 Packet Pg. 23 UPON ROLL CALL, MOTION CARRIED (6-0), COUNCILMEMBERS K. JOHNSON, CHEN, TIBBOTT, BUCKSHNIS, AND L. JOHNSON, AND COUNCIL PRESIDENT OLSON VOTING YES. 4. SUBMISSION OF WRITTEN PUBLIC COMMENTS City Clerk Scott Passey explained with the onset of the COVID pandemic in March 2020, the City responded by conducting virtual public meetings using the Zoom meeting platform. Thinking this new format might have a chilling effect on public participation, the council went the extra step of having staff create a unique email account to allow the public to submit written comments to the council. The council voted to append these written comments to the meeting minutes as a way of acknowledging the comments on a regular basis. Since council resumed in -person meetings as of March 22, 2022, staff is requesting a decision as to whether the council wishes to continue the practice of including written comments in its weekly agenda packet. If the council wishes to continue this practice, staff recommends a couple changes in the format and method of submission: 1. Eliminate the email address and create a web form on the council homepage to submit comments. The form would be limited to a character -count equivalent to a 3-minute speech. Public comment thus received would be forwarded to the council email account in real time as well as be compiled into a written report for inclusion in the next available consent agenda. 2. Rather than appending the comments to the official minutes, comments would be included as a separate agenda memo on the consent agenda, and the could acknowledge them by consent agenda approval. Councilmember Buckshnis supported having public comments attached to the packet somehow. She asked why staff wanted to eliminate the email address. Mr. Passey said the council office is required to do a lot of formatting of emails before they are copied and pasted into the minutes. Creating a web form is a text form and makes it easier to put into an agenda memo. His issue with including the comments in the minutes is that meeting minutes by definition are a record of what happened or was said at a council meeting. These written comments are not a record of what happened at a meeting, they are comments sent to an email address. He recommended acknowledging them and including them as a separate item on the consent agenda. Councilmember Buckshnis said the reason public comments were added to the meeting minutes was because people were not able to speak at the meeting so she believed they were part of the meeting minutes. She understood the reason for a web form because it would remove the sender's email address. She recalled at times the emails were included which some citizens complained about. She noted some cities read written public comment into the meeting. She asked how the equivalent of a three minute speech would be determined. Mr. Passey answered 3 minutes is approximately 450-550 words. Councilmember Chen thanked Mr. Passey for working on this. He agreed it was important to include written comments, noting they are just as important as people showing up to speak to the council especially in a hybrid world. The email address is not as important as the commentors name and asked if the commenter's name would be included. Mr. Passey answered staff can include any information council wants. For example, a field could be added for the city of residence. Councilmember Chen said knowing whether or not a commenter was an Edmonds resident would be value added. He was supportive of this proposal. Councilmember K. Johnson said limiting the number of words in public comments to the equivalent of three minutes of speech occurred recently. Previously people would speak at the dais and submit additional written comment. She found it overly restrictive to limit written comments to the equivalent of three minutes and would not support that. Commenters should be allowed to submit what they want; Edmonds City Council Draft Minutes March 29, 2022 Page 21 Packet Pg. 24 6.1.a people are communicating with the council and may have charts or graphs that do not fit into the time period. She did not support limiting public comments to a certain number of characters. Council President Olson said this was not intended to be a temporary measure. Even though it was initiated due to going to virtual meetings, some people appreciate having this access. She referred to an email received today from someone who referenced a disability that made typing an option but phoning in was not. People have expressed interest in keeping written comments as option that can be efficiently managed, knowing the other methods still exist. The council has the option of reading public comment into the record but it takes times out of the meeting to do that. Written comments are not actually occurring during the meeting and including them as a separate item on the consent agenda is the cleanest way to accommodate them. Council President Olson continued, this was not limiting the communication the public can have with the council; the distinction is what is public record that goes into the minutes. Sometimes information submitted is very complicated and photos do not transfer in a digital world. She supported the compromise proposed by Mr. Passey, reiterating it did not limit residents from providing information to council via council email. This form would be the way the public could register public comment that would end up in the public record. Once the process is finalized, it will be communicated to the public. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO ADOPT THE RECOMMENDATIONS OF STAFF REGARDING THE SUBMISSION OF WRITTEN PUBLIC COMMENTS AS INCLUDED IN THE AGENDA PACKET FOR MARCH 29, 2022. Councilmember Tibbott asked if a resolution or ordinance was needed. Mr. Passey answered a motion would suffice. Councilmember Tibbott was in favor of having the city of residency and limiting the message to approximately a three minutes speech. He was also interested in delineating that comments were related to a particular agenda item. For example, he wanted to know the difference between a general email and a comment about a particular item on the agenda. He asked if there was a way to include that in the web form. Mr. Passey said the council assistant would need to monitor that. Councilmember Tibbott suggested a check box on the web form to include it as public comment. Mr. Passey offered to work with GIS Analysis Dave Rohde regarding possibilities. Councilmember L. Johnson asked if the practice of allowing both verbal and written comments would continue even if they were duplicated. Mr. Passey answered yes. Council President Olson said the form on the web page would include directions that input on that form will be emailed to council as well as included in the public record that will be in the agenda packet. Mr. Passey added the minutes and the packet are permanent and essential records of the council. Regardless of whether the comments are in the minutes or the packet, they are a permanent and essential record forever. Councilmember Tibbott said it was important for the public to understand when they submit a public comment that it was part of a permanent and enduring public record. That was one more reason to limit it to approximately a three minute speech. He wanted to know the email he received was a public comment versus just a general email. Mr. Passey suggested determining a way to indicate if a comment was related to an agenda item or City business. Councilmember Tibbott commented it was important for him to know that distinction. Councilmember Buckshnis agreed with Councilmember Tibbott, councilmembers get a lot of email, in 2 hours she received 30 emails, and not all of them are all public comments. The only way she knows something is a public comment is it is addressed to the public comment email. Mr. Passey agreed there are general comments and comments specific to agenda items or upcoming items. Edmonds City Council Draft Minutes March 29, 2022 Page 22 Packet Pg. 25 6.1.a Councilmember Chen commented some people are good at stating a request in the body of email to include the email in public comments; doing that is very helpful. Mr. Passey offered to make the web form very clear with regard to what happens with that record. Council President Olson was curious why councilmembers wanted to know whether a comment was a public record. She could understand why the administrative team needed to know because they were the ones culling the report that would end up on the consent agenda, but councilmembers can receive significant information from both public comments and regular email. For a councilmember, she did not see why it would make a difference or why staff would need to indicate it was one or the other. With regard to why it was important, Councilmember Tibbott suggested the council not receive public comments until they are in the packet because often when people stand at the podium or provide an email, it is in response to a particular agenda item and he would like to have an understanding regarding why they are providing that information. MOTION CARRIED (5-0-1) COUNCILMEMBER K. JOHNSON ABSTAINING. 9. REPORTS ON OUTSIDE BOARD AND COMMITTEE MEETINGS 1. OUTSIDE BOARD AND COMMITTEE REPORTS 10. MAYOR'S COMMENTS Mayor Nelson commented for those who have not had a chance to visit the city council/court/public safety building, there is a patrol car in front with a canopy over it completely covered with flowers and gifts from the community. The police department has been inundated with baked goods and support from the community. That goes a long way for them at a time when they still have to suit up and go out. Some are grieving now and unable to work and the department is getting support from other agencies to assist while the department deals with the loss of Officer Tyler Steffins. He thanked the community for their support, relaying the importance of that support for the Edmonds Police Department. 11. COUNCIL COMMENTS Councilmember L. Johnson expressed her deepest condolences to the family of Officer Tyler Steffins and to his Edmonds Police Department family. He will be missed. Councilmember Tibbott said when he received word of the loss of one of the City's officers, he felt numb, sad, and angry and he could not imagine what was going through the minds and hearts of the police department. This is such a regretful situation and the community wants to find ways to support the family and the Edmonds Police Department during this deep time of sadness. Councilmember Tibbott announced he has appointed Jay Hogue to the Economic Development Commission for a term that renews next month. Council President Olson thanked the council, staff and Mayor Nelson for supporting this special meeting to address time critical issues. This was the second special meeting today and there will likely be another on Thursday to support benefits for Officer Steffins' family. Fifth Tuesdays are typically a week off, but instead electeds and staff are here in service. She recognized that sacrifice and thanked all for their commitment to the City. Edmonds City Council Draft Minutes March 29, 2022 Page 23 Packet Pg. 26 Councilmember Buckshnis thanked Mayor Nelson for his tribute. She wished Jack Bevins, a former councilmember, a Happy 99' Birthday on April 2" d. He is sharp as can be and still calls her including calling to congratulate her on pursuing the budget amendments. Councilmember Chen echoed Mayor Nelson's tribute to Officer Tyler Steffins and offered his deepest condolences to his family. The greater Seattle area has lost three officers within a short time period. He urged the public to show support for officers who put their lives on the line to protect the community; anything they can do, flowers, kind words, cookies, etc. to show their support. Councilmember K. Johnson expressed support for the police department who put their lives on the line for the community. It was unexpected while off -duty and on vacation. She extended her deepest sympathy to both Tyler Steffins' family and the Edmonds Police Department family. It is a tragic loss and everyone supports them. 12. ADJOURN With no further business, the Council meeting was adjourned at 9:52 p.m. Edmonds City Council Draft Minutes March 29, 2022 Page 24 Packet Pg. 27 6.2 City Council Agenda Item Meeting Date: 04/5/2022 Approval of claim checks. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of replacement claim check #251832 dated March 24, 2022 for $324.27 and claim checks #251833 through #251937 dated March 31, 2022 for $2,178,731.68. Staff Recommendation Approval of claim checks. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: ekrom replacement ck 03-24-22 claims 03-31-22 FrequentlyUsedProjNumbers 3-31-22 Packet Pg. 28 6.2.a vchlist 03/24/2022 4:16:30PM Bank code : usbank Voucher Date Vendor 251832 3/24/2022 078645 GARY EKROM 1 Vouchers for bank code : usbank 1 Vouchers in this report Voucher List City of Edmonds Page 0 Invoice PO # Description/Account Amoun 8-25425 #70174688-KW UTILITY REFUND � #70174688-KW Utility refund due to a0i 411.000.233.000 324.2, u Total: 324.2, E .R Bank total : 324.21, u 4- 0 Total vouchers : 324.2j > 0 L Q Q a N N Iq N M O Y V a+ C E d V fd Q L E 0 L E M V rt+ a.+ a Page: 1 Packet Pg. 29 6.2.b vchlist Voucher List Page: 03/31/2022 7:47:22AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 251833 3/31/2022 076040 911 SUPPLY INC INV-2-17332 INV-2-17332 - EDMONDS PD - R.PE ALERT PANTS - 2 001.000.41.521.22.24.00 129.9£ 10.1 % Sales Tax 001.000.41.521.22.24.00 13.1E y INV-2-17333 INV-2-17333 - EDMONDS PD- INVEI` U BADGE HOLDER E 001.000.41.521.22.24.00 54.7E .� 10.1 % Sales Tax 001.000.41.521.22.24.00 5.5< O Total : 203.35 0 251834 3/31/2022 070322 A&A LANGUAGE SERVICES INC 15-94546 INTERPRETER KOREAN 2A012013, L Q- INTERPRETER KOREAN 2A020132 CL Q 001.000.23.512.51.41.01 170.0( N Total : 170.0( N 251835 3/31/2022 078745 A-1 LANDSCAPING & CONSTRUCTION EOMA.Pmt 6 EOMA.PMT 6 THRU 2/28/22 M M EOMA.PMT 6 THRU 2/28/22 N 332.000.64.594.76.65.00 437,043.8E E EOMA.PMT 6 THRU 2/28/22 125.000.64.594.76.65.00 130,545.5E Total : 567,589.4, t 251836 3/31/2022 000135 ABSCO ALARMS INC 80677 PUBLIC SAFETY- SERVICE REPAIF PUBLIC SAFETY - SERVICE REPAIF U +a, 001.000.66.518.30.48.00 3,609.8, Q 10.4% Sales Tax 001.000.66.518.30.48.00 375.4, 81476 MEADOWDALE CLUBHOUSE - REP MEADOWDALE CLUBHOUSE - REP 001.000.66.518.30.48.00 1,194.0( 10.4% Sales Tax 001.000.66.518.30.48.00 124.1 £ Page: 1 Packet Pg. 30 vchlist 03/31 /2022 7:47:22AM Bank code : usbank Voucher Date Vendor 251836 3/31/2022 000135 000135 ABSCO ALARMS INC 251837 3/31/2022 077000 ADVANCED VALVE TECHNOLOGIES 251838 251839 251840 251841 3/31/2022 064246 ALS LABORATORY GROUP 3/31/2022 001528 AM TEST INC 3/31/2022 070976 AMERESCO INC Voucher List City of Edmonds Invoice (Continued) 002596 3532-227695 126280 CS-11 PF-11 3/31/2022 078843 APPLIED TECHNICAL SERVICES LLC 1556881 6.2.b Page: 2 PO # Description/Account Amoun Total : 5,303.4: WATER - SUPPLIES/ CHAIN TENSIC WATER - SUPPLIES/ CHAIN TENSIC 421.000.74.534.80.31.00 832.6E ui Freight 421.000.74.534.80.31.00 32.7E t Total: 865.4; U STORM - METAL ANALYSIS R STORM - METALANALYSIS o 422.000.72.531.90.41.00 879.0E R Total: 879.0( o L WWTP: SAMPLE NUMBERS: 22-AO( a SAMPLE #21-A00 Q 423.000.76.535.80.41.00 285.0( N Total : 285.0( M WWTP: THRU 2/28/22 CONSTRUCT M 0 THRU 2/28/22 CONSTRUCT. SERV-1 423.100.76.594.35.65.10 989,740.0( •� Retainage 423.100.223.400 -49,487.0( 10.4% Sales Tax 0 423.100.76.594.35.65.10 102,932.9E t WWTP: THRU 2/28/22 PROF SERV- U �a THRU 2/28/22 FINAL DESIGN SER% r Q 423.100.76.594.35.41.00 199,088.0" 10.4% Sales Tax 423.100.76.594.35.41.00 20,705.1 E Total : 1,262,979.1; WWTP: PO 758 ASH TANK INSPEC- PO 758 ASH TANK INSPECTION 423.000.76.535.80.48.00 3,250.0( Page: 2 Packet Pg. 31 vchlist 03/31 /2022 7:47:22AM Bank code : usbank Voucher 251841 251842 251843 251844 Voucher List City of Edmonds Date Vendor Invoice 3/31/2022 078843 078843 APPLIED TECHNICAL SERVICES Lb (Continued) 3/31/2022 069751 ARAMARK UNIFORM SERVICES 656000206789 3/31/2022 078763 ARTIFACT 3/31/2022 063408 BARTELS & STOUT INC 656000210273 656000210274 031622 SRC2233 6.2.b Page: 3 PO # Description/Account Amoun Total : 3,250.0( WWTP: 3/16/22 UNIFORMS,TOWEL Mats/Towels $47.88 + $4.98 tax = $5 423.000.76.535.80.41.00 52.8E ui Rentals & prep charges & name embl 423.000.76.535.80.24.00 79.8' t 10.4% Sales Tax U 423.000.76.535.80.41.00 5.5( -9 10.4% Sales Tax z 423.000.76.535.80.24.00 8.3E o WWTP: 3/23/22 UNIFORMS,TOWEL Mats/Towels $47.88 + $4.98 tax = $5 0 0 423.000.76.535.80.41.00 52.8E Q. Rentals & Prep Chgs Q 423.000.76.535.80.24.00 37.1, .. 10.4% Sales Tax N 423.000.76.535.80.41.00 5.5( M 10.4% Sales Tax r� 423.000.76.535.80.24.00 0 3.8E y PARKS MAINT UNIFORM SERVICE E PARKS MAINT UNIFORM SERVICE f° 001.000.64.576.80.24.00 63.4, .. 10.4% Sales Tax 001.000.64.576.80.24.00 6.5� E Total: 315.85 U M CIVIC PARK: AGREEMENT FOR AR- Q CIVIC PARK: AGREEMENT FOR AR- 117.200.64.575.50.41.00 8,000.0( Total : 8,000.0( WWTP: SERVICE LEICA DMLS SERVICE LEICA DMLS 423.000.76.535.80.48.00 213.0( 10.4% Sales Tax Page: 3 Packet Pg. 32 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 4 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 251844 3/31/2022 063408 BARTELS & STOUT INC (Continued) 423.000.76.535.80.48.00 22.1( Tota I : 235.1 f 251845 3/31/2022 072577 BAURECHT, MAGRIT POETS POETS PERSPECTIVE POSTER DE POETS PERSPECTIVE POSTER AN 117.100.64.573.20.41.00 300.0( Total : 300.0( 251846 3/31/2022 074307 BLUE STAR GAS 1323781 FLEET - AUTO PROPANE 629.80 GF FLEET - AUTO PROPANE 629.80 GF 511.000.77.548.68.34.12 1,883.7, Tota I : 1,883.7 , 251847 3/31/2022 075025 BRANDING IRON LLC 14702 HWY 99 NEIGHBORHOOD CITY HA HWY 99 NEIGHBORHOOD CITY HA 001.000.60.557.20.49.00 56.0( 10.4% Sales Tax 001.000.60.557.20.49.00 5.8, Total: 61.8, 251848 3/31/2022 072571 BUILDERS EXCHANGE 1071447 PUBLISH PROJECTS ONLINE Yost Park Pool replaster, published 125.000.64.594.76.41.00 45.0( job order contracting, published 001.000.67.518.21.49.00 45.0( Tota I : 90.0( 251849 3/31/2022 076240 CADMAN MATERIALS INC 5822329 ROADWAY - ASPHALT, ASPHALT BI ROADWAY - ASPHALT, ASPHALT BI 111.000.68.542.31.31.00 187.6E Total : 187.6E 251850 3/31/2022 073029 CANON FINANCIAL SERVICES 28227257 CANON 2501 F contract charge 3/1 - 3/31/2022 001.000.21.513.10.45.00 26.41 10.4% Sales Tax Page: 4 Packet Pg. 33 vchlist 03/31 /2022 7:47:22AM Bank code : usbank Voucher Date Vendor 251850 3/31/2022 073029 CANON FINANCIAL SERVICES 251851 3/31/2022 069813 CDW GOVERNMENT INC 251852 3/31/2022 073851 C-N-I LOCATES LTD Voucher List City of Edmonds 6.2.b Page: 5 Invoice PO # Description/Account Amoun (Continued) 001.000.21.513.10.45.00 2.7,' 28227262 INV 28227262 - EDMONDS PD 3/22 CONTRACT- FAXBOARD 001.000.41.521.10.45.00 36.0, 10.4% Sales Tax 001.000.41.521.10.45.00 3.7E 28227265 COPIERS MARCH '22 E COPIERS MARCH '22 M 001.000.23.512.51.45.00 212.5E 10.4% Sales Tax o 001.000.23.512.51.45.00 22.1' R 28227266 INV 28227266 - EDMONDS PD o 3/22 CONTRACT - 3AP01257 a 001.000.41.521.10.45.00 175.9E Q 3/22 CONTRACT - 3AP01253 001.000.41.521.10.45.00 N 175.9E N 10.4% Sales Tax 001.000.41.521.10.45.00 36.6( c 28227273 INV 28227273 - EDMONDS PD U) 3/22 CONTRACT- 38C0l511 E 001.000.41.521.10.45.00 191.7E 10.4% Sales Tax a ; 001.000.41.521.10.45.00 19.91 Total: 903.& E U T050549 APC REPLACEMENT BATTERY CAF fd r APC replacement battery cartridge Q 512.000.31.518.88.31.00 74.6� 10.4% Sales Tax 512.000.31.518.88.31.00 7.7, Tota I : 82.4E 41318 CITY PARK - NON METALLIC PIPE E CITY PARK - NON METALLIC PIPE E 016.000.66.518.30.41.00 450.0( Page: 5 Packet Pg. 34 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 6 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 251852 3/31/2022 073851 073851 C-N-I LOCATES LTD (Continued) Total : 450.0( 251853 3/31/2022 070323 COMCAST BUSINESS 8498310300732547 PUBLIC WRKS - DIGITAL CABLE Public Works - 7110 210th S SW 001.000.65.518.20.42.00 2.3, ui Public Works - 7110 210th S SW 111.000.68.542.90.42.00 11.1 z t Public Works - 7110 210th S SW U 423.000.75.535.80.42.00 11.1 z Public Works - 7110 210th S SW 511.000.77.548.68.42.00 10.6� o Public Works - 7110 210th S SW 421.000.74.534.80.42.00 11.1 z p Total: 46.4: Q. a Q 251854 3/31/2022 071417 CORE & MAIN LP Q441652 STORM - SUPPLIES/ 20' DUAL WAL STORM - SUPPLIES/ 20' DUAL WAL N 422.000.72.531.40.31.00 -5,100.0( M 10.4% Sales Tax 422.000.72.531.40.31.00 -530.4( y Q441726 STORM - SUPPLIES/ 20' DUAL WAL E STORM - SUPPLIES/ 20' DUAL WAL 422.000.72.531.40.31.00 4,630.4( 10.4% Sales Tax c 422.000.72.531.40.31.00 481.5, E Q441886 STORM - SUPPLIES/ PIPE STORM - SUPPLIES/ PIPE 422.000.72.531.40.31.00 r 1,748.5, Q 10.4% Sales Tax 422.000.72.531.40.31.00 181.8z Tota I : 1,411.9: 251855 3/31/2022 065683 CORRY'S FINE DRY CLEANING FEB 2022 FEB 2022 DRY CLEANING - EDMON FEB 2022 DRY CLEANING CHARGE 001.000.41.521.22.24.00 181.0: Page: 6 Packet Pg. 35 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 7 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 251855 3/31/2022 065683 065683 CORRY'S FINE DRY CLEANING (Continued) Total : 181.0: 251856 3/31/2022 006200 DAILY JOURNAL OF COMMERCE 3376588 E20CE AND E20CB. RFQ ADVERTIS E20CE. RFQ ADVERTISEMENT - HV 112.000.68.595.33.41.00 322.0( ui E20CB. RFQ ADVERTISEMENT - 76' 112.000.68.542.30.41.00 161.0( E20CB. RFQ ADVERTISEMENT - 761 U 112.000.68.542.30.41.00 161.0( 3376705 E22JB. RFQ ADVERTISEMENT E22JB. RFQ ADVERTISEMENT o 421.000.74.594.34.41.00 547.4( Total: 1,191.4( o L 251857 3/31/2022 061570 DAY WIRELESS SYSTEMS - 03 INV716121 INV716121 - EDMONDS PD Q- Q CALIBRATE RADAR GHD-03890 001.000.41.521.22.48.00 67.0( N CALIBRATE RADAR GHD-20922 001.000.41.521.22.48.00 M 67.0( M CALIBRATE RADAR GHD-20076 001.000.41.521.22.48.00 N 67.0( E 9.8% Sales Tax 001.000.41.521.22.48.00 26.2E CALIBRATE RADAR GHD-14955 c 001.000.41.521.22.48.00 67.0( E Total: 294.2E u �a 251858 3/31/2022 064531 DINES, JEANNIE 22-4151 CITY COUNCIL MTG, COUNCIL RET Q Council Retreat Minutes 2/25/22 City 001.000.31.514.31.41.00 1,130.4( Tota I : 1,130.4( 251859 3/31/2022 007253 DUNN LUMBER 8570967 BOY'S & GIRLS CLUB - SUPPLIES/; BOY'S & GIRLS CLUB - SUPPLIES/ ; 001.000.66.518.30.31.00 83.0' 10.3% Sales Tax Page: 7 Packet Pg. 36 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 8 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 251859 3/31/2022 007253 DUNN LUMBER (Continued) 001.000.66.518.30.31.00 8.5E Total: 91.61 251860 3/31/2022 007675 EDMONDS AUTO PARTS 00010124256 PM SUPPLIES: BALL BEARING PM SUPPLIES: BALL BEARINGS 001.000.64.576.80.31.00 141.7.E 10.4% Sales Tax 001.000.64.576.80.31.00 14.7z Total : 156.4< 251861 3/31/2022 007725 EDMONDS BAKERY 17200 17200 - EDMONDS PD ACOP SWEARING IN CAKE 001.000.41.521.10.31.00 100.0( Total : 100.0( 251862 3/31/2022 076610 EDMONDS HERO HARDWARE 2918 PM: PAINT SUPPLIES PM: PAINT SUPPLIES 001.000.64.576.80.31.00 21.3 10.4% Sales Tax 001.000.64.576.80.31.00 2.2, 2928 PM: PAINT SUPPLIES PM: PAINT SUPPLIES 001.000.64.576.80.31.00 45.8£ 10.4% Sales Tax 001.000.64.576.80.31.00 4.7, 2930 PM: JIG SAW BLADES, BOW RAKE; PM: JIG SAW BLADES, BOW RAKE; 001.000.64.576.80.31.00 81.9( 10.4% Sales Tax 001.000.64.576.80.31.00 8.5, Total : 164.7: 251863 3/31/2022 069523 EDMONDS P&R YOUTH SCHOLARSHIP 10261 M. RALPH 10261 M. RALPH YOUTH SCHOLAR 10261 M. RALPH YOUTH SCHOLAR 122.000.64.571.20.49.00 75.0( Page: 8 Packet Pg. 37 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 251863 3/31/2022 069523 069523 EDMONDS P&R YOUTH SCHOLARS (Continued) 251864 3/31/2022 069523 EDMONDS P&R YOUTH SCHOLARSHIP 10261 R. RALPH 251865 3/31/2022 008410 EDMONDS PRINTING CO 251866 3/31/2022 008705 EDMONDS WATER DIVISION R26626 3-01808 3-03575 3-07490 3-07525 3-07709 3-09350 3-09800 3-29875 Description/Account Total ; 10261 R. RALPH YOUTH SCHOLAR 10261 R. RALPH YOUTH SCHOLAR 122.000.64.571.20.49.00 Total SEWER - MANHOLE MAINTENANCE SEWER - MANHOLE MAINTENANCE 423.000.75.535.80.31.00 10.4% Sales Tax 423.000.75.535.80.31.00 Total LIFT STATION #11 6807 157TH PL S' LIFT STATION #11 6807 157TH PL S' 423.000.75.535.80.47.10 CLUBHOUSE 6801 N MEADOWDAL CLUBHOUSE 6801 N MEADOWDAL 001.000.66.518.30.47.00 HAINES WHARF PARK DRINKING F HAINES WHARF PARK DRINKING F 001.000.64.576.80.47.00 LIFT STATION #12 16100 75TH AVE LIFT STATION #12 16100 75TH AVE 423.000.75.535.80.47.10 LIFT STATION #15 7701 168TH ST S LIFT STATION #15 7701 168TH ST S 423.000.75.535.80.47.10 LIFT STATION #4 8313 TALBOT RD i LIFT STATION #4 8313 TALBOT RD i 423.000.75.535.80.47.10 LIFT STATION #10 17612 TALBOT R LIFT STATION #10 17612 TALBOT R 423.000.75.535.80.47.10 LIFT STATION #9 8001 SIERRA DR / 6.2.b Page: 9 Amoun 75.0( 75.0( ui 75.0( m t U E 15.2E 0 16.8' o L a a 56.3E N M 506.3( c N E 114.71 c m 56.3E t U M r El 56.3E 114.7 61.2z Page: 9 Packet Pg. 38 vchlist 03/31 /2022 7:47:22AM Bank code : usbank Voucher Date Vendor 251866 3/31/2022 008705 EDMONDS WATER DIVISION Voucher List City of Edmonds Invoice (Continued) 251867 3/31/2022 008812 ELECTRONIC BUSINESS MACHINES AR215301 251868 3/31/2022 078875 EUSTICE, MICHAELTYLER 251869 3/31/2022 009350 EVERETT DAILY HERALD AR215792 AR215795 02032022 EDH950541 EDH950719 EDH950800 PO # Description/Account LIFT STATION #9 8001 SIERRA DR / 423.000.75.535.80.47.10 Total WWTP: 2/16-3/15/22 OVERAGE CH) 2/16-3/15/22 OVERAGE CHARGE 423.000.76.535.80.45.00 10.4% Sales Tax 423.000.76.535.80.45.00 PLANNING CANON/C2571F B/W AN[ Planning Canon/C257iF b/w and colo 001.000.62.524.10.45.00 10.4% Sales Tax 001.000.62.524.10.45.00 PM COPIER USAGE: C2571F PM COPIER USAGE: C2571F: Accou 001.000.64.576.80.45.00 10.4% Sales Tax 001.000.64.576.80.45.00 Total JURY TRIAL 1A0419237 JURY TRIAL 1A0419237 001.000.23.512.51.49.20 Total ; LEGAL DESCRIP: PHASE 9 SEWEF Legal Descrip: Phase 9 Sewer 001.000.62.558.60.41.40 EMERGENCY MORATORIUM BD2 Z Emergency Moratorium BD2 Zoned L 001.000.31.514.31.41.40 4250 ORDINANCE Ordinance No. 4250 001.000.31.514.31.41.40 6.2.b Page: 10 Page: 10 Packet Pg. 39 vchlist 03/31 /2022 7:47:22AM Bank code : usbank Voucher Date Vendor 251869 3/31/2022 009350 009350 EVERETT DAILY HERALD 251870 3/31/2022 009327 EVERETT ENGINEERING INC 251871 3/31/2022 067599 EWING ELECTRIC INC 251872 3/31/2022 075406 FELDMAN, CORRINE 251873 3/31/2022 009815 FERGUSON ENTERPRISES INC Voucher List City of Edmonds Invoice (Continued) 33525 ETG1001 02032022 251874 3/31/2022 078876 FOURNIER, DEBORAH ELIZABETH 02032022 251875 3/31/2022 075208 FRALEY-MONILLAS, ADRIENNE 02032022 6.2.b Page: 11 PO # Description/Account Amoun Total : 130.7: WWTP: PO 789 CUT GROVE IN PIP PO 789 CUT GROVE IN PIPE - pick L 423.000.76.535.80.48.00 197.0( ui 9.8% Sales Tax 423.000.76.535.80.48.00 19.3' t Total : 216.31 U WWTP: PART CONTRACT WK & P& Some Contract Work: $136,932.67 + o 423.000.76.535.80.48.00 146,194.6; R Retainage 5% o 423.000.223.400 -7,309.7< Q. 10.4% Sales Tax Q 423.000.76.535.80.48.00 15,204.2. " Total : 154,089.1 S N JURY TRIAL 1A0419237 "? JURY TRIAL 1A0419237 0 001.000.23.512.51.49.20 13.0, E Total WWTP: CSK SC IPS, REAM PEN, AI CSK SC IPS, REAM PEN, ADJ WRC 423.000.76.535.80.48.00 66.6; t 10.3% Sales Tax @ 423.000.76.535.80.48.00 6.8E Q Total : 73.5: JURY TRIAL 1A0419237 JURY TRIAL 1A0419237 001.000.23.512.51.49.20 12.2, Total : 12.2, JURY TRIAL 1A0419237 JURY TRIAL 1A0419237 Page: 11 Packet Pg. 40 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 12 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 251875 3/31/2022 075208 FRALEY-MONILLAS, ADRIENNE (Continued) 001.000.23.512.51.49.20 14.8( Total: 14.8( 251876 3/31/2022 072138 FUELCARE 8977 WWTP: PO 779 TANK DIALYSIS CLE PO 779 TANK DIALYSIS CLEANING 423.000.76.535.80.48.00 5,292.5( 10.4% Sales Tax 423.000.76.535.80.48.00 550.4, Total : 5,842.9: 251877 3/31/2022 078787 FW WAAURORA MARKETPLACE LLC Apr-2022 HWY 99 NEIGHBORHOOD CITY HA Monthly Rent 001.000.60.557.20.45.00 4,453.8E Mar-2022 HWY 99 NEIGHBORHOOD CITY HA Monthly Rent 001.000.60.557.20.45.00 4,453.8E Total : 8,907.7E 251878 3/31/2022 078887 GAUTHIER, NATHAN 2006609.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 265.0( Total : 265.0( 251879 3/31/2022 068617 GLEISNER, BARBARA 10239 10243 TAI CHI 10239 10243 TAI CHI INSTRUCTION 10239 TAI CHI INSTRUCTION 001.000.64.571.27.41.00 524.7( 10243 TAI CHI INSTRUCTION 001.000.64.571.27.41.00 262.3E 10245 QIGONG 10245 QIGONG INSTRUCTION 10245 QIGONG INSTRUCTION 001.000.64.571.27.41.00 419.7E Total : 1,206.81 251880 3/31/2022 069571 GOBLE SAMPSON ASSOCIATES INC BINV0009513 WWTP: PO 755 WATM 01 PO 755 WATM 01 423.000.76.535.80.48.00 6,204.8( Page: 12 Packet Pg. 41 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 13 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 251880 3/31/2022 069571 GOBLE SAMPSON ASSOCIATES INC (Continued) Freight 423.000.76.535.80.48.00 69.4E 10.4% Sales Tax 423.000.76.535.80.48.00 652.5< Total: 6,926.8' 251881 3/31/2022 012199 GRAINGER 9247113286 STORM - RATCHET STORM - RATCHET 422.000.72.531.40.31.00 82.3' 10.4% Sales Tax 422.000.72.531.40.31.00 8.5( Tota I : 90.8 251882 3/31/2022 078873 GURANGO, KRISTINA IRENE POETS POET'S PERSPECTIVE: CONTRACT POET'S PERSPECTIVE: CONTRACT 117.100.64.573.20.41.00 100.0( Total : 100.0( 251883 3/31/2022 012560 HACH COMPANY 12941582 WWTP: PO 770 ORP SOLN PO 770 ORP SOLN 423.000.76.535.80.31.00 102.4, 10.4% Sales Tax 423.000.76.535.80.31.00 10.6( 12941989 WATER QUALITY - SUPPLIES WATER QUALITY - SUPPLIES 421.000.74.534.80.31.00 925.3, Freight 421.000.74.534.80.31.00 58.7, 10.4% Sales Tax 421.000.74.534.80.31.00 102.3E Tota I : 1,199.5 251884 3/31/2022 067862 HOME DEPOT CREDIT SERVICES 1014431 PM: PAINT SUPPLIES PM: PAINT SUPPLIES 001.000.64.576.80.31.00 65.5E Page: 13 Packet Pg. 42 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 14 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 251884 3/31/2022 067862 HOME DEPOT CREDIT SERVICES (Continued) 10.3% Sales Tax 001.000.64.576.80.31.00 6.7,' 2625109 PM: GLUE -71 PM: GLUE 001.000.64.576.80.31.00 12.91' 10.3% Sales Tax U 001.000.64.576.80.31.00 1.31' E 3031276 PM: LUMBER R PM: LUMBER 001.000.64.576.80.31.00 29.4£ o 10.3% Sales Tax 001.000.64.576.80.31.00 3.0z o 3515063 PM SUPPLIES: LEVEL, BOLTS Q- PM SUPPLIES: LEVEL, BOLTS a Q 001.000.64.576.80.31.00 29.9� N 10.3% Sales Tax N 001.000.64.576.80.31.00 3.0f r� 4014148 PM: PICNIC TABLE HARDWARE c PM: PICNIC TABLE HARDWARE 001.000.64.576.80.31.00 125.2z . 10.3% Sales Tax 001.000.64.576.80.31.00 12.9( 524036 PM SUPPLIES: HEAT GUN y PM SUPPLIES: HEAT GUN E 001.000.64.576.80.31.00 51.0( @ 10.3% Sales Tax r 001.000.64.576.80.31.00 5.2E Q 6013852 PM: KICK PLATES, DOOR CLOSER: PM: KICK PLATES, DOOR CLOSER: 001.000.64.576.80.31.00 303.9� 10.3% Sales Tax 001.000.64.576.80.31.00 31.3' 7083101 PM: STONES, CHALKED PAINT PM: STONES, CHALKED PAINT Page: 14 Packet Pg. 43 vchlist 03/31 /2022 7:47:22AM Bank code : usbank Voucher Date Vendor 251884 3/31/2022 067862 HOME DEPOT CREDIT SERVICES 251885 3/31/2022 061013 HONEY BUCKET Voucher List City of Edmonds 6.2.b Page: 15 Invoice PO # Description/Account Amoun (Continued) 001.000.64.576.80.31.00 65.8E 10.3% Sales Tax 001.000.64.576.80.31.00 6.7E .. 8014819 PM: NUTS, WASHERS PM: NUTS, WASHERS 001.000.64.576.80.31.00 63.1( 10.3% Sales Tax E 001.000.64.576.80.31.00 6.5( 8024458 PM: ALUMINUM SHEET, DOORSTOI PM: ALUMINUM SHEET, DOORSTOI o 001.000.64.576.80.31.00 140.1 10.3% Sales Tax o L 001.000.64.576.80.31.00 14.4< a 8161760 PM: RYEGRASS, VALVE BOX Q PM: RYEGRASS, VALVE BOX 001.000.64.576.80.31.00 N 168.5 � N 10.3% Sales Tax 001.000.64.576.80.31.00 17.3E c 82754 PM: PAINT SUPPLIES U) PM: PAINT SUPPLIES E 001.000.64.576.80.31.00 71.8' 10.3% Sales Tax a ; 001.000.64.576.80.31.00 7.3� 9014674 PM: BOLTS, DRILL BIT E PM: BOLTS, DRILL BIT @ 001.000.64.576.80.31.00 59.6 � r 10.3% Sales Tax Q 001.000.64.576.80.31.00 6.1 E Total : 1,309.61 0552628757 MATHAY BALLINGER PARK HONEY MATHAY BALLINGER PARK HONEY 001.000.64.576.80.45.00 111.6E 0552638493 BRACKETT'S LANDING NORTH PAF BRACKETT'S LANDING NORTH PAF Page: 15 Packet Pg. 44 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 16 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 251885 3/31/2022 061013 HONEY BUCKET (Continued) 001.000.64.576.80.45.00 1,634.8E 0552638494 PINE RIDGE PARK HONEY BUCKET PINE RIDGE PARK HONEY BUCKET 001.000.64.576.80.45.00 249.1E 0552642657 HICKMAN PARK HONEY BUCKET HICKMAN PARK HONEY BUCKET 001.000.64.576.80.45.00 644.9E E 0552642658 YOST PARK POOL HONEY BUCKET YOST PARK POOL HONEY BUCKET 001.000.64.576.80.45.00 439.6E o 0552642659 HAINES WHARF PARK HONEY BUC �a HAINES WHARF PARK HONEY BUC o L 001.000.64.576.80.45.00 346.0( a 0552642660 PINE STREET PARK HONEY BUCKE Q PINE STREET PARK HONEY BUCKE N 001.000.64.576.80.45.00 120.4. N 0552642661 SIERRA PARK HONEY BUCKET M SIERRA PARK HONEY BUCKET r� 001.000.64.576.80.45.00 120.4. 0 N 0552642662 WILLOW CREEK FISH HATCHERY I E WILLOW CREEK FISH HATCHERY I f° 001.000.64.576.80.45.00 221.6E 0552642663 MARINA BEACH/DOG PARK HONED m MARINA BEACH/DOG PARK HONED E 001.000.64.576.80.45.00 1,514.1 , U Total : 5,402.9: r Q 251886 3/31/2022 073548 INDOFF INCORPORATED 3552350 FILE CABINETS FILE CABINETS 001.000.23.523.30.31.00 796.0( 10.4% Sales Tax 001.000.23.523.30.31.00 82.7E Total : 878.71 251887 3/31/2022 014940 INTERSTATE BATTERY SYSTEMS 300-10098603 FLEET -SUPPLIES/ WIRE, CABLE Page: 16 Packet Pg. 45 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 17 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 251887 3/31/2022 014940 INTERSTATE BATTERY SYSTEMS (Continued) FLEET -SUPPLIES/ WIRE, CABLE 511.000.77.548.68.31.20 161.5( 10.4% Sales Tax 511.000.77.548.68.31.20 16.8( Total: 178.3( 251888 3/31/2022 078877 JABLINSKE, LARRY D 02032022 JURY TRIAL 1A0419237 JURY TRIAL 1A0419237 001.000.23.512.51.49.20 16.9( Total : 16.9( 251889 3/31/2022 078888 KEITH & KAREN KEETON 3-42750 #50012664-501 UTILITY REFUND #50012664-501 Utility refund - receive 411.000.233.000 251.1 E Total : 251.1( 251890 3/31/2022 066489 KENT D BRUCE CO LLC 10249 UNIT 803 - PARTS/ BUCKET SEAT UNIT 803 - PARTS/ BUCKET SEAT 511.000.77.548.68.31.10 199.0( Freight 511.000.77.548.68.31.10 11.9E 10.4% Sales Tax 511.000.77.548.68.31.10 21.9z Total : 232.85 251891 3/31/2022 066522 LAKESIDE INDUSTRIES INC 189812 WATER - EZ STREET ASPHALT WATER - EZ STREET ASPHALT 421.000.74.534.80.31.00 521.7( 10.25% Sales Tax 421.000.74.534.80.31.00 53.4, Total : 575.11, 251892 3/31/2022 017135 LANDAU ASSOCIATES INC 50399 EOMA. GEOTECH SVCS THRU 2/26i EOMA. GEOTECH SVCS THRU 2/26i 332.000.64.594.76.41.00 4.925.2, Page: 17 Packet Pg. 46 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 18 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 251892 3/31/2022 017135 LANDAU ASSOCIATES INC (Continued) EOMA. GEOTECH SVCS THRU 2/26i 125.000.64.594.76.41.00 1,471.1 E Total: 6,396.4E 251893 3/31/2022 078878 LEON, MARIAPALOMA 02032022 JURY TRIAL 1A0419237 JURY TRIAL 1A0419237 001.000.23.512.51.49.20 14.3' Total : 14.3' 251894 3/31/2022 073603 LIGHTHOUSE LAW GROUP PLLC 20562 expenses 02-2022 REIMBURSEMENT FOR EX 02/22 reimbursement for expenses - 001.000.36.515.41.41.00 253.0E Total: 253.0E 251895 3/31/2022 076001 LUCIE R BERNHEIM, ATTYAT LAW 874 CONFLICT COUNSEL BERNHEIM 1) CONFLICT COUNSEL BERNHEIM 1 i 001.000.39.515.93.41.00 1,362.5( Tota I : 1,362.5( 251896 3/31/2022 018980 LYNNWOOD HONDA 5110184 PM SUPPLIES: AIR CLEANER PM SUPPLIES: AIR CLEANER 001.000.64.576.80.31.00 10.1( 10.4% Sales Tax 001.000.64.576.80.31.00 1.0( Total: 11.2, 251897 3/31/2022 069862 MAKERS ARCHITECTURE AND 2117-6 PROF SERV: WATERFRONT ISSUE Prof Serv: Waterfront issues/Edmon( 001.000.62.524.10.41.00 5,300.0( Total : 5,300.0( 251898 3/31/2022 068489 MCLOUGHLIN & EARDLEY GROUP INC 0261244 E201 PO - PARTS/ REMOTE SIREN E201 PO - PARTS/ REMOTE SIREN 511.100.77.594.48.64.00 164.8 10.4% Sales Tax 511.100.77.594.48.64.00 17.1 Page: 18 Packet Pg. 47 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 251898 3/31/2022 068489 068489 MCLOUGHLIN & EARDLEY GROUP I (Continued) 251899 3/31/2022 078879 MILLER, MANDY 02032022 251900 3/31/2022 020900 MILLERS EQUIP & RENT ALL INC 251901 3/31/2022 076264 MONO ROOFTOP SOLUTIONS 251902 3/31/2022 075266 MORGAN MECHANICAL INC 368463 368745 368823 8824 8824-P S21-69122-1 Description/Account JURY TRIAL 1A0419237 JURY TRIAL 1A0419237 001.000.23.512.51.49.20 6.2.b Page: 19 Amoun Total : 181.9! Total : PM: ASPHALT ROLLER/TRAILER RE PM: ASPHALT ROLLER/TRAILER RE 001.000.64.576.80.45.00 10.4% Sales Tax 001.000.64.576.80.45.00 PM: BOLT LEVER, TRIMMER HEAD, POET'S PERSPECTIVE: CONTRACT 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 PM: LITHIUM BATTERY PM: LITHIUM BATTERY 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 Total BRACKETTS LANDING - NORTH BA BRACKETTS LANDING - NORTH BA 001.000.66.518.30.48.00 10.4% Sales Tax 001.000.66.518.30.48.00 BRACKETTS LANDING - PERMIT RE BRACKETTS LANDING - PERMIT RE 001.000.66.518.30.48.00 Total WWTP: PO 800 REPAIR GAS LEAK PO 800 REPAIR GAS LEAK IN BLDC 16.6, ui 16.6 j m t U E 219.0( 0 22.7E 0 Q. 47.4' Q 4.9' N M M 239.9� o N E 24.9( .M 559.W a: c m E t 7,700.0( Q 271.8( 8,772.6( Page: 19 Packet Pg. 48 vchlist 03/31 /2022 7:47:22AM Bank code : usbank Voucher Date Vendor 251902 3/31/2022 075266 MORGAN MECHANICAL INC Voucher List City of Edmonds Invoice (Continued) 251903 3/31/2022 074798 NATIONAL BUSINESS FURNITURE MK573215-TDQ 251904 3/31/2022 064570 NATIONAL SAFETY INC 0647787-I N 251905 3/31/2022 024960 NORTH COAST ELECTRIC COMPANY SO11605224.001 251906 3/31/2022 078890 NW MOBILE FLAGGING ACADEMY 3369 PO # Description/Account 423.000.76.535.80.48.00 10.4% Sales Tax 423.000.76.535.80.48.00 NEIGHBORHOOD OFFICE courtroom conference table 001.000.60.557.20.35.00 10.4% Sales Tax 001.000.60.557.20.35.00 Total : Total : WATER - SUPPLIES/ TOWELS WATER - SUPPLIES/ TOWELS 421.000.74.534.80.31.00 10.4% Sales Tax 421.000.74.534.80.31.00 Total WWTP: PO 798 CONTROLLOGIC 1, PO 798 CONTROLLOGIC 12/24V DC 423.000.76.535.80.35.00 10.4% Sales Tax 423.000.76.535.80.35.00 Total STREET, STORM, WATER & SEWEI STREET, STORM, WATER & SEWEI 421.000.74.534.80.49.00 STREET, STORM, WATER & SEWEI 423.000.75.535.80.49.00 STREET, STORM, WATER & SEWEI 422.000.72.531.90.49.00 STREET, STORM, WATER & SEWEI 111.000.68.542.90.49.00 6.2.b Page: 20 Page: 20 Packet Pg. 49 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 21 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 251906 3/31/2022 078890 078890 NW MOBILE FLAGGING ACADEMY (Continued) Total : 2,720.0( 251907 3/31/2022 072739 O'REILLYAUTO PARTS 3685-193616 UNIT 66 - PARTS/ AIR FILTERS UNIT 66 - PARTS/ AIR FILTERS 511.000.77.548.68.31.10 81.7, ui 10.4% Sales Tax 511.000.77.548.68.31.10 8.5( 3685-194160 UNIT 124 - PARTS/ TAIL LIGHT U UNIT 124 - PARTS/ TAIL LIGHT E 511.000.77.548.68.31.10 34.5E 10.4% Sales Tax o 511.000.77.548.68.31.10 3.5E R 3685-194216 UNIT 121 PARTS/ OIL FILTER 0 UNIT 121 PARTS/ OIL FILTER 0. 511.000.77.548.68.31.10 10.6, Q 10.4% Sales Tax 511.000.77.548.68.31.10 1.1( N Total : 140.05 M 251908 3/31/2022 065051 PARAMETRIX INC 33731 WWTP: THRU 2/26/33 DESIGN SEF THRU 2/26/33 DESIGN SERVICES E E 423.100.76.594.35.41.00 1,146.2( .m 33732 WWTP: THRU 2/26/22 CONSTRUCT THRU 2/26/22 CONSTRUCTION SEF 423.100.76.594.35.41.00 14,986.2E E 33733 WWTP: TO 7 THRU 2/26/22 ON CAL TO 7 THRU 2/26/22 ON CALL SERVI +a, 423.000.76.535.80.41.00 2,333.7.E Q Total: 18,466.2( 251909 3/31/2022 028860 PLATT ELECTRIC SUPPLY 2062486 MEADOWDALE CLUB HOUSE - BAT MEADOWDALE CLUB HOUSE - BAT 001.000.66.518.30.31.00 51.3 , 10.4% Sales Tax 001.000.66.518.30.31.00 5.3z Page: 21 Packet Pg. 50 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 22 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 251909 3/31/2022 028860 028860 PLATT ELECTRIC SUPPLY (Continued) Total : 56.7' 251910 3/31/2022 046900 PUGET SOUND ENERGY 220027305568 WWTP: 2/18-3/8/22 200 2ND AVE S, 2/18-3/8/22 200 2ND AVE S, #WSTTI 423.000.76.535.80.47.63 4,570.7- Total : 4,570.7' 251911 3/31/2022 030780 QUIRING MONUMENTS INC 39974 MARKER/INSCRIPTION-BELLOTTI MARKER/INSCRIPTION-BELLOTTI 130.000.64.536.20.34.00 225.0( Tota I : 225.0( 251912 3/31/2022 078880 RALSTON, DONALD H 02032022 JURY TRIAL 1A0419237 JURY TRIAL 1A0419237 001.000.23.512.51.49.20 12.3, Total: 12.31 251913 3/31/2022 069649 REID, BETHANYANN POETS POET'S PERSPECTIVE: CONTRACT POET'S PERSPECTIVE: CONTRACT 117.100.64.573.20.41.00 100.0( Total : 100.0( 251914 3/31/2022 078881 RIOS, ANDREW STEPHEN 02032022 JURY TRIAL 1A0419237 JURY TRIAL 1A0419237 001.000.23.512.51.49.20 12.4( Total: 12.4E 251915 3/31/2022 078882 ROGERS, SUZANNAH L 02032022 JURY TRIAL 1A0419237 JURY TRIAL 1A0419237 001.000.23.512.51.49.20 18.4, Total: 18.4, 251916 3/31/2022 076328 SCJ ALLIANCE 66637 E20CE. SERVICES THRU 1/29/2022 E20CE. SERVICES THRU 1/29/2022 112.000.68.595.33.41.00 5,431.21 Total : 5,431.2; Page: 22 Packet Pg. 51 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 251917 3/31/2022 078883 SHAW, DONALD MICHAEL 02032022 JURY TRIAL 1A0419237 JURY TRIAL 1A0419237 001.000.23.512.51.49.20 Tota I : 251918 3/31/2022 072214 SIGMA-ALDRICH INC 556211423 WWTP: DEMAND, PH, RESIDUE, SI DEMAND, PH, RESIDUE, SIMPLE P 423.000.76.535.80.31.00 Freight 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 556228930 WWTP: E COLI IN WATER E COLI IN WATER 423.000.76.535.80.31.00 Freight 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 Total 251919 3/31/2022 078884 SIMS, JOAN ELLEN 02032022 JURY TRIAL 1A0419237 JURY TRIAL 1A0419237 001.000.23.512.51.49.20 Tota I : 251920 3/31/2022 078885 SITCOV, MARIANNE 02032022 JURY TRIAL 1A0419237 JURY TRIAL 1A0419237 001.000.23.512.51.49.20 Tota I : 251921 3/31/2022 037375 SNO CO PUD NO 1 200202547 PEDEST CAUTION LIGHT 21930 95- PEDEST CAUTION LIGHT 21930 95- 111.000.68.542.64.47.00 200260271 YOST POOL YOST POOL 6.2.b Page: 23 Page: 23 Packet Pg. 52 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 24 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 251921 3/31/2022 037375 SNO CO PUD NO 1 (Continued) 001.000.64.576.80.47.00 1,542.8, 200348233 TRAFFIC LIGHT 22000 84TH AVE W TRAFFIC LIGHT 22000 84TH AVE W 111.000.68.542.64.47.00 43.6, 200493146 MAPLEWOOD PARK IRRIGATION M MAPLEWOOD PARK IRRIGATION M 001.000.64.576.80.47.00 20.0' E 200638609 OLD PUBLIC WORKS 200 DAYTON R OLD PUBLIC WORKS 200 DAYTON 0 421.000.74.534.80.47.00 379.8, o 200739845 SEAVIEW RESERVOIR 18520 90TH �a SEAVIEW RESERVOIR 18520 90TH o L 421.000.74.534.80.47.00 23.8� a 200865202 LIFT STATION #3 1529 NORTHSTRE Q LIFT STATION #3 1529 NORTHSTRE N 423.000.75.535.80.47.10 68.Of N 201327111 PINE ST PARK M PINE ST PARK r� 001.000.64.576.80.47.00 0 19.3, y 201441755 TRAFFIC LIGHT 21531 HWY 99 / ME E TRAFFIC LIGHT 21531 HWY 99 / ME 111.000.68.542.63.47.00 241.0� 201551744 SNO-ISLE LIBRARY 650 MAIN ST / IN m SNO-ISLE LIBRARY 650 MAIN ST / E 001.000.66.518.30.47.00 2,784.4' U 201572898 TRAFFIC LIGHT 117 3RD AVE S / ME r TRAFFIC LIGHT 117 3RD AVE S / ME Q 111.000.68.542.64.47.00 50.3E 201611951 TRAFFIC LIGHT 20801 76TH AVE W TRAFFIC LIGHT 20801 76TH AVE W 111.000.68.542.63.47.00 40.0, 201751476 TRAFFIC LIGHT 9932 220TH ST SW TRAFFIC LIGHT 9932 220TH ST SW 111.000.68.542.64.47.00 47.8E 201907862 TRAFFIC LIGHT 7133 212TH ST SW Page: 24 Packet Pg. 53 vchlist 03/31 /2022 7:47:22AM Bank code : usbank Voucher Date Vendor 251921 3/31/2022 037375 SNO CO PUD NO 1 Voucher List City of Edmonds 6.2.b Page: 25 Invoice PO # Description/Account Amoun (Continued) TRAFFIC LIGHT 7133 212TH ST SW 111.000.68.542.63.47.00 32.2f 201942489 PUBLIC WORKS CIVIC 7110 210TH ; PUBLIC WORKS CIVIC 7110 210TH ; 001.000.65.518.20.47.00 103.7z PUBLIC WORKS CIVIC 7110 210TH ; 111.000.68.542.90.47.00 394.1 � E PUBLIC WORKS CIVIC 7110 210TH 421.000.74.534.80.47.00 394.1 � PUBLIC WORKS CIVIC 7110 210TH ; o 423.000.75.535.80.47.10 394.1 PUBLIC WORKS CIVIC 7110 210TH : o 511.000.77.548.68.47.00 394.1 � a PUBLIC WORKS CIVIC 7110 210TH ; Q 422.000.72.531.90.47.00 394.1 � N 202087870 LIFT STATION #6 100 PINE ST / MEl N LIFT STATION #6 100 PINE ST/ MEl c� 423.000.75.535.80.47.10 173.1 f c 202250627 9TH/CASPER LANDSCAPED BED 9TH/GASPER LANDSCAPED BED E 001.000.64.576.80.47.00 20.0' 202289120 TRAFFIC LIGHT 23801 HWY 99 / ME TRAFFIC LIGHT 23801 HWY 99 / ME y 111.000.68.542.64.47.00 65.8E E 202289450 TRAFFIC LIGHT 21931 HWY 99 / ME U TRAFFIC LIGHT 21931 HWY 99 / ME r 111.000.68.542.64.47.00 98.2z Q 202291662 CIVIC CENTER & FIRE STATION #1, CIVIC CENTER & FIRE STATION #1, 001.000.66.518.30.47.00 5,712.8' 202439246 CITY HALL 121 5TH AVE N / METER CITY HALL 121 5TH AVE N / METER 001.000.66.518.30.47.00 684.9, 202620415 MATHAY BALLINGER PARK IRRIGA Page: 25 Packet Pg. 54 vchlist 03/31 /2022 7:47:22AM Bank code : usbank Voucher Date Vendor 251921 3/31/2022 037375 SNO CO PUD NO 1 251922 3/31/2022 063941 SNO CO SHERIFFS OFFICE Voucher List City of Edmonds 6.2.b Page: 26 Invoice PO # Description/Account Amoun (Continued) MATHAY BALLINGER PARK IRRIGA 001.000.64.576.80.47.00 20.7( 202807632 TRAFFIC LIGHT 8429 196TH ST SW TRAFFIC LIGHT 8429 196TH ST SW 001.000.66.518.30.47.00 21.8E 204425847 LIFT STATION #2 702 MELODY LN / LIFT STATION #2 702 MELODY LN / E 423.000.75.535.80.47.10 222704264 WWTP: 2/23-3/23/22 FLOWMETER 2/23=3/23/22 FLOW METER 23219 0 423.000.76.535.80.47.62 19.3 'R 222704280 WWTP: 2/19-3/21/22 METER 10001 o 2/19-3/21/22 METER 1000135381: 2( a 423.000.76.535.80.47.61 18,914.1 � Q 223189747 PEDEST CAUTION LIGHT 8326 196- PEDEST CAUTION LIGHT 8326 196- N N 111.000.68.542.64.47.00 27.6, M Total : 33,249.95 c 1000581645 1000581645 - CUST SSH00095 - EDP N E 2/2 RANGE USEAGE T 001.000.41.521.40.41.00 850.0( 2/3 RANGE USAGE 001.000.41.521.40.41.00 680.0( E 2/7 RANGE USAGE 001.000.41.521.40.41.00 722.5( r 2/8 RANGE USAGE Q 001.000.41.521.40.41.00 680.0( 2/10 RANGE USEAGE 001.000.41.521.40.41.00 680.0( 2/11 RANGE USEAGE 001.000.41.521.40.41.00 595.0( 2/14 RANGE USEAGE 001.000.41.521.40.41.00 765.0( 2/15 RANGE USEAGE Page: 26 Packet Pg. 55 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 27 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 251922 3/31/2022 063941 SNO CO SHERIFFS OFFICE (Continued) 001.000.41.521.40.41.00 765.0( Total: 5,737.5( 251923 3/31/2022 006630 SNOHOMISH COUNTY 81080 WWTP: 2/7, 2/11, 2/17 & 2/22/22 SOI 2/7, 2/11, 2/17 & 2/22/22 SOLID WAE 423.000.76.535.80.47.66 881.0( Total: 881.0( 251924 3/31/2022 078874 STRAIGHT, COURTNEY LEA 10355 BIRD CLASS 10355 OWL PROWL CLASS INSTRI 10355 OWL PROWL CLASS INSTRI 001.000.64.571.23.41.00 72.0( Tota I : 72.0( 251925 3/31/2022 040916 TC SPAN AMERICA 96190 FAC MAINT - SCREENPRINTING T-; FAC MAINT - SCREENPRINTING T-; 001.000.66.518.30.24.00 667.8( 10.4% Sales Tax 001.000.66.518.30.24.00 69.4E Total: 737.2E 251926 3/31/2022 066056 THE SEATTLE TIMES 46278 CRAZE MAILER PRINTING CRAZE MAILER PRINTING 001.000.64.571.22.49.00 2,353.8� 10.4% Sales Tax 001.000.64.571.22.49.00 244.8( Total: 2,598.61 251927 3/31/2022 078886 THRAMER, LAURAANN 02032022 JURY TRIAL 1A0419237 JURY TRIAL 1A0419237 001.000.23.512.51.49.20 11.9� Total : 11.95 251928 3/31/2022 077070 UNITED RECYCLING & CONTAINER 265297 STORM & PARKS DUMP FEES PARKS - DUMP FEES/ WOOD CHIP; 001.000.64.576.80.47.00 210.5( STORM - DUMP FEES/ CLEAN ASP[ Page: 27 Packet Pg. 56 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 28 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 251928 3/31/2022 077070 UNITED RECYCLING & CONTAINER (Continued) 422.000.72.531.10.49.00 67.2( Tota I : 277.7( 251929 3/31/2022 064423 USA BLUE BOOK 914039 WWTP: PO 724 CAP KIT FOR HACF PO 724 CAP KIT FOR HACH LIDO M( 423.000.76.535.80.31.00 1,988.0( Surcharge for all HACH products due 423.000.76.535.80.31.00 238.5E Freight 423.000.76.535.80.31.00 11.5£ 10.4% Sales Tax 423.000.76.535.80.31.00 232.7, Total: 2,470.91 251930 3/31/2022 067917 WALLY'S TOWING INC 22-07452 INV 22-07452 - EDMONDS PD TOW KIA SPECTRA 001.000.41.521.22.41.00 208.0( 10.5% Sales Tax 001.000.41.521.22.41.00 21.8z Tota I : 229.8' 251931 3/31/2022 045912 WASPC INV030395 INV030395 - EDMONDS PD - MCCLI WASPC DUES - MCCLURE 001.000.41.521.10.49.00 75.0( Total : 75.0( 251932 3/31/2022 075635 WCP SOLUTIONS 12697328 PARKS FACILITY MAINT SUPPLIES PARKS FACILITY MAINT SUPPLIES 001.000.64.576.80.31.00 53.7( 10.4% Sales Tax 001.000.64.576.80.31.00 5.5£ Total : 59.2f 251933 3/31/2022 064800 WEHOP 645411 FLOWER PROGRAM: PLANTS FLOWER PROGRAM: PLANTS Page: 28 Packet Pg. 57 vchlist 03/31 /2022 7:47:22AM Voucher List City of Edmonds 6.2.b Page: 29 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 251933 3/31/2022 064800 WEHOP (Continued) 001.000.64.576.81.31.00 224.4( 10.4% Sales Tax 001.000.64.576.81.31.00 23.31 . . 645427 SHIPPING CHARGES FOR INVOICE SHIPPING CHARGES FOR INVOICE 001.000.64.576.81.31.00 49.4E Total : 297.1 < E 251934 3/31/2022 065535 WESTERN FACILITIES SUPPLY 041540 INV 041540 - CUST 0701480 - EDMC #68 CAN LINERS o 001.000.41.521.80.31.00 276.61 R FUEL SURCHARGE 0 001.000.41.521.80.31.00 4.0( Q. 10.4% Sales Tax o' a 001.000.41.521.80.31.00 29.1E .. Total : 309.& N 251935 3/31/2022 063008 WSDOT RE 41 JZ0186 L023 E20CE. WSDOT PROJECT COSTS I M E20CE. WSDOT PROJECT COSTS I 112.000.68.595.33.41.00 N 281.4E E RE-41-JA95251-006 STREET - SNOW & ICE PRODUCTS M STREET - SNOW & ICE PRODUCTS 111.000.68.542.90.49.00 7,517.4- 10.3% Sales Tax E 111.000.68.542.90.49.00 774.2� u Total : 8,573.1( r r Q 251936 3/31/2022 011900 ZIPLY FIBER 253-007-4989 SEAVIEW RESERVOIR TELEMETR) SEAVIEW RESERVOIR TELEMETR) 421.000.74.534.80.42.00 31.1 , 253-012-9166 TELEMETRY CIRCUIT LINES TELEMETRY CIRCUIT LINES 421.000.74.534.80.42.00 162.5( TELEMETRY CIRCUIT LINES 423.000.75.535.80.42.00 301.7£ Page: 29 Packet Pg. 58 vchlist 03/31 /2022 7:47:22AM Bank code Voucher 251936 251937 usbank Date Vendor 3/31/2022 011900 ZIPLY FIBER Voucher List City of Edmonds Invoice (Continued) 253-014-8062 253-017-4360 425-712-8347 425-771-0158 509-022-0049 3/31/2022 078889 ZOOM VIDEO COMMUNICATIONS INC INV140593326 105 Vouchers for bank code : usbank 105 Vouchers in this report 6.2.b Page: 30 PO # Description/Account Amoun TELEMETRY CIRCUIT LINE TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 19.8 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 36.9( TELEMETRY CIRCUIT LINE TELEMETRY CIRCUIT LINE E 421.000.74.534.80.42.00 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 87.3f O CIVIC CENTER ELEVATOR PHONE CIVIC CENTER ELEVATOR PHONE o 001.000.66.518.30.42.00 73.1' 0- FIRE STATION #16 ALARM AND FA} Q FIRE STATION #16 ALARM AND FA} 001.000.66.518.30.42.00 N 137.7< N LIFT STATION #2 VG SPECIAL ACC[ M LIFT STATION #2 VG SPECIAL ACC[ c 423.000.75.535.80.42.00 26.4, N Total : 923.8:. M ZOOM ENTERPRISE, AUDIO LICEN Zoom Enterprise Host, Audio License 512.000.31.518.88.48.00 14,299.0( E 10.4% Sales Tax U 512.000.31.518.88.48.00 1,487.1( 2 r Total : 15,786.1( Q Bank total : 2,178,731.61 Total vouchers : 2,178,731.61 Page: 30 Packet Pg. 59 vchlist 03/31 /2022 7:47:22AM Bank code: usbank Voucher Date Vendor Voucher List City of Edmonds Invoice PO # Description/Account 6.2.b Page: 31 Amoun a Page: 31 Packet Pg. 60 6.2.c PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number STM 174th St. & 71 st Ave Storm Improvements c521 im STM 175th St. SW Slope Stabilization c560 E21 FB STM 2018 Lorian Woods Study qMi s018 EBFA SWR 2019 Sewerline Replacement Project c516 EBGA STM 2019 Storm Maintenance Project c525 EBFC WTR 2019 Swedish Waterline Replacement c523 EBJA STIR 2019 Traffic Calming i038 E9AA STIR 2019 Traffic Signal Upgrades i045 E9AD UTILITIES 2019 Utility Rate & GFC Update s020 EBJB WTR 2019 Waterline Overlay i043 E9CB 2019 Waterline Replacement c498 E7JA STIR 2020 Guardrail Installations i046 EOAA 20 Overlay Progranla i042 STIR 2020 Pedestrian Safety Program i049 EODB STIR 2020 Pedestrian Task Force 02 STIR 2020 Traffic Calming _ i048 EOAC STIR 2020 Traffic Signal Upgrades i047 EOAB STIR 2020 Waterline Overlay i053 EOCC STIR 2021 Guardrail Installations i057 E21AB STIR 2021 Overlay Program 051 E21 CA STIR 2021 Pedestrian Task Force i062 E21DB SWR 2021 Sewer Overlay Program i060 E21CC STM 2021 Stormwater Overlay Program i061 E21 CD STIR 2021 Traffic Calming i056 E21 AA WTR 2021 Waterline Overlay Program i059 E21CB STIR 2022 Guardrail Program i073 E22AC STIR 2022 Overlay Program i063 E22CA STIR 2022 Pedestrian Safety program i072 E22DA 2022 Sewerline Overlay Program i065 E22CC _ STIR 2022 Signal Upgrades i070 E22AA STIR 2022 Stormwater Overlay Program i066 E22CD STIR 2022 Traffic Calming Program 071 E22AB UTILITIES 2022 Utility Rate and GFC Study s030 E22NB STIR 2022 Waterline Overlay Program i064 E22CB 220th Adapti i028 EBAB STIR 228th St. SW Corridor Improvements i005 E7AC 11111110& 2j/3th St,ysland & Mj�c. Ramna i037 EBDC STIR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 STIR 76th Ave Overlay (196th St. to OVD) i052 E20CB STIR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA STIR 76th Ave W at 212th St SW Intersection Improvements c368 ElCA STIR 84th Ave W Overlay from 220th to 212th i031 EBCC STIR 89th PI W Retaining Wall i025 E7CD urb Ram i033 EBDB STIR Admiral Way Pedestrian Crossing i040 E91DA STD Audible Pedestrian Signals i024 E7AB STM Ballinger Regional Facility Pre -Design s022 E9FA STIR Bikelink Project c474 ESDA STIR Citywide Bicycle Improvements Project i050 EODC SWR Citvwide CIPP Sewer Rehab Phase I c488 E6GB STIR Citywide Pedestrian Crossing Enhancements i026 E7DC Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB PRK Civic Center Playfield (Construction) c551 EOMA PRK Civic Center Playfield (Design) c536 EOMA Revised 12129/2021 Packet Pg. 61 PROJECT NUMBERS (By Project Title) 6.2.c Project Engineering Accounting Project Funding Project Title Number Number WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 ESJB MENfilfiiii Dayton Street Stormwater Pump Station c455 Jim FAC Edmonds Fishing Pier Rehab c443 E4MB Edmonds Marsh Water Quality Project c564 E21 FE STR Edmonds Street Waterfront Connector c478 ESDB WTR Elm St. Waterline Replacement 6 c561 E21JB STR Elm Way Walkway from 8th Ave to 9th Ave i058 E21 DA WTR Five Corners Reservoir Re -coati c473 ESKA PM Fourth Avenue Cultural Corridor STR Hwy 99 Gateway Revitalization STR Hwy 99 Revitalization Stage 3 (224th-238th) STR Hwy 99 Revitalization Stage 4 (224th-220th) STM Lake Ballinger Associated Projects SWR Lake Ballinger Trunk Sewer Study SWR Lift Station #1 Basin & Flow Study STR Minor Sidewalk Program STM NPDES (Students Saving Salmon) GF Official Street Map & SidewalkIan Update STM OVD Slope Repair & Stabilization STM Perrinville Creek Flow Reduction Improvements c282 s014 i067 i068 c436 s011 c461 017 m013 s025 m105 c552 STM Perrinville Creek Recovery Study s028 SWR Phase 10 Sewerline Replacement Project c566 WTR Phase 11 Annual Water Utility Replacement Project c549 WTR Phase 12 Annual Water Utility Replacement Project c558 WTR Phase 13 Waterline Replacement Project c565 Phase 2 Annual Storm Utility Replacement Project c547 STM Phase 3 Storm Utility Replacement Project c563 L STM Phase 4 Storm Utility Replacement Project c567' SWR Phase 8 Annual Sewer Replacement Project c548 SWR Phase 9 Annual Sewer Replacement Project c559 FAC PW Concrete Regrade & Drainage South c502 SWR Sanitary Sewer and Stormwater Pipe Rating Services c562 STM Seaview Park Infiltration Facility c479 STM Seaview Park Infiltration Facility Phase 2 c546 WWTP Sewer Outfall Groundwater Monitoring c446 STR SR 104 Adaptive Systems (136th-226th_ 9 STR SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) i055 UTILITIES Standard Details Updates solo STM Storm Drain Improvements @ 9510 232nd St. SW c495 STM Stormwater Comp Plan Update s017 STR Sunset Walkway Improvements c354 STR Trackside Warning System c470 UTILITIES Utility Funds reserve Policies Study s029 STR Walnut St. Walkway (3rd-4th) i044 PRK Waterfront Development & Restoration (Construction) c544 PRK Waterfront Development & Restoration (Design) c496 PRK Waterfront Development & Restoration (Pre - Design) m103 STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 WWTP WWTP Outfall Pipe Modifications c481 WTR Yost & Seaview Reservoir Assessment s026 WTR Yost & Seaview Reservoir Repairs and Upgrades m160 PRK Yost Park Infiltration Facili c556 EBMA E6AA E22CE E22CF E4FD ESGB E4GC E6DD E7FG EONA E7FA E20FC E21FC E22GA EOJA E21JA E22JA EOFB E21FD E22FA EOGA E21 GA E9MA E21 GB ESFD EOFA E4HA E22CG E20CE ESNA E7FB E6FD E1 DA ESAA E22NA E9DC E7MA E7MA E7MA E4FC ESHA EOJB E22JB E21 FA Revised 12/29/2021 Packet Pg. 62 6.2.c PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number i046 STR EOAB i047 o STR EOAC i048 STR EOCA i042 STR EOCC i053 STR EODA s024 STR i049 STR EODC i050 STM EO STM EOFB c547 SWR EOGA JL48 WTR EOJA c549 Project Title 2020 Guardrail Installations 2020 Traffic Signal Upgrades 2020 Traffic Calming 2020 Overlay Program 2020 Waterline Overlay 2020 Pedestrian Task Force 2020 Pedestrian Safety Prog Citywide Bicycle Improvements Project Seaview Park Infiltration Facility Phase 2 Phase 2 Annual Storm Utility Replacement Project Phase 8 Annual Sewer Replacement Projec Phase 11 Annual Water Utility Replacement Project WTR EOJB 26 Yost & Seaview Reservoir Assessment PRK EOMA c551 Civic Center Playfield (Construction) PRK EOMA c536 Civic Center Playfield (Design) MEOPME" - GF EONA s025 Official Street Map & Sidewalk Plan Update STR E1CA 76th Ave W at 212th St SW Intersection Improvements STR E1 DA c354 Sunset Walkway Improvements STR E20CB M 76th Ave Overlay (196th St. to OVD1 STR E20CE i055 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) STM Perrinville Creek Flow Reduction Improvem STR E21AA i056 2021 Traffic Calming STR E21AB i057 2021 Guardrail Installations STR E21 CA 051 2021 Overlay Program WTR E21 CB i059 2021 Waterline Overlay Program SWR E21 CC i060 2021 Sewer Overlay Program STM E21 2021 Stormwater Overlay Program STR E21 DA i058 Elm Way Walkway from 8th Ave to 9th Ave STR r E21 DB M 2021 Pedestrian Task Force PRK E21 FA c556 Yost Park Infiltration Facility E21 FB � AMSW Slope Stabilization STM E21 FC s028 Perrinville Creek Recovery Study STM E21 FD e 3 Storm Utility Replacement Project Ed STM E21 FE c564 Edmonds Marsh Water Quality Project MLSWR E21 GA JL59 Phase 9 Annual Sewer Replacement Proje SWR E21GB c562 Sanitary Sewer and Stormwater Pipe Rating Services WTR E21JA 8 Phase 12 Annual Water Utility Replacement Project WTR E21JB c561 Elm St. Waterline Replacement STR F99AA i070 2022 Signal Upgrades STR E22AB i071 2022 Traffic Calming Program STR i073 2022 Guardrail Program STR E22CA i063 2022 Overlay Program STR i064 2022 Waterline Overlay Program STR E22CC i065 2022 Sewerline Overlay Program STR i066 2022 Stormwater Overlay Progra STIR E22CE i067 Hwy 99 Revitalization Stage 3 (224th-238th) STR E2 i068 Hwy 99 Revitalization Stage 4 (224th-220th) STR E22CG i069 SR-104 Adaptive Systems (136th-226th) STR E22DA i072 2022 Pedestrian Safety program STM E22FA c567 Phase 4 Storm Utility Replacement Project SW c566 Phase 10 Sewerline Replacement Project WTR E22JA c565 Phase 13 Waterline Replacement Project WTR m160 Yost & Seaview Reservoir Repairs and Upgrades UTILITIES E22NA s029 Utility Funds reserve Policies Study Revised 12/29/2021 Packet Pg. 63 6.2.c PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title UTILITIES E22NB s030 2022 Utility Rate and GFC Study STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STM c435 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 Lake Ballinger Associated Projects STM E4FE c455 Dayton Street Stormwater Pump Station SWR E4GC c461 Lift Station #1 Basin & Flow Study WWTP E4HA JS c446 J�tfall Groundwater Monitoring FAC E4MB c443 Edmonds Fishing Pier Rehab STR E57 c470 cside Warning System STR E5DA c474 Bikelink Project STR E5DB c478 Edmonds Street Waterfront Connector STM E5FD c479 Seaview Park Infiltration Facility SWR E5GB 11 Lake Ballinger Trunk Sewer Study WWTP E5HA c481 WWTP Outfall Pipe Modifications WTR E5JB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR E5KA c473 Five Corners Reservoir Re -coating UTILITIES E5NA solo Standard Details Updates STR E6AA s014 Hwy 99 Gateway Revitalization STR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion STR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) ST Minor Sidewalk Program STM E6FD s017 Stormwater Comp Plan Update SWR E6GB 88 Citywide CIPP Sewer Rehab Phase III STR E7AB i024 Audible Pedestrian Signals STR E7AC i005 228th St. SW Corridor Improvements STR E7CD i025 89th PI W Retaining Wall STR Citywide Pedestrian Crossing Enhancements STM E7FA m105 OVD Slope Repair & Stabilization IV STM E7FB Storm Drain Improvements @ 9510 232nd St. SW STM E7FG m013 NPDES (Students Saving Salmon) WT c498 2019 Waterline Replacert, PRK E7MA c544 Waterfront Development & Restoration (Construction) PRK E7Mq2WW c496 Waterfront Development & Restoration (Design) PRK E7MA m103 Waterfront Development & Restoration (Pre - Design) STR E8AB i028 220th Adaptive STR E8CA i029 76th Ave W & 220th St. SW Intersection Improvements STR i031 84th Ave W Overlay from 220th to 21 STR E8DB i033 ADA Curb Ramps STR E8DIff i037 238th St. Island & Misc. Ramps STM E8FA s018 2018 Lorian Woods Study STM E8FB St. & 71st Ave Storm Improvements STM E8FC c525 2019 Storm Maintenance Project SWJ& E8GJW c516 2019 Sewerline Replacement Proj4h WTR E8JA c523 2019 Swedish Waterline Replacement UTILITIES s020 Zulu utlilre & GFC Update PM E8MA c282 Fourth Avenue Cultural Corridor IV STR E9AA i038 2019 Traffic Calming STR E9AD i045 2019 Traffic Signal Upgrades WTR E9CB i043 2019 Waterline Overla now- STR E9DA i040 Admiral Way Pedestrian Crossing STR E9DC i044 Walnut St. Walkway (3rd-4th) STM E9FA s022 Ballinger Regional Facility Pre -Design FAC E9MA c502 PW Concrete Regrade & Drainage South Revised 12/29/2021 Packet Pg. 64 6.2.c PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Project Title PM EBMA c282 Fourth Avenue Cultural Corridor STIR E1 DA c354 Sunset Walkway Improvements STIR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STIR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 Lake Ballinger Associated Projects FAC E4MB c443 Edmonds Fishing Pier Rehab WWTP E4HA c446 Sewer Outfall Groundwater Monitoring STM E4FE c455 Dayton Street Stormwater Pump Station SWR E4GC c461 Lift Station #1 Basin & Flow Study STIR ESAA c470 Trackside Warning System WTR ESKA c473 Five Corners Reservoir Re -coating STIR ESDA c474 Bikelink Project STIR ESDB c478 Edmonds Street Waterfront Connector STM ESFD c479 Seaview Park Infiltration Facility WWTP ESHA c481 WWTP Ouffall Pipe Modifications WTR ESJB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STIR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) SWR E6GB c488 Citywide CIPP Sewer Rehab Phase III STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW PRK E7MA c496 Waterfront Development & Restoration (Design) WTR E7JA c498 2019 Waterline Replacement FAC E9MA c502 PW Concrete Regrade & Drainage South SWR EBGA c516 2019 Sewerline Replacement Project STM EBFB c521 174th St. & 71st Ave Storm Improvements WTR EBJA c523 2019 Swedish Waterline Replacement STM EBFC c525 2019 Storm Maintenance Project PRK EOMA c536 Civic Center Playfield (Design) PRK E7MA c544 Waterfront Development & Restoration (Construction) STM EOFA c546 Seaview Park Infiltration Facility Phase 2 STM EOFB c547 Phase 2 Annual Storm Utility Replacement Project SWR EOGA c548 Phase 8 Annual Sewer Replacement Project WTR EOJA c549 Phase 11 Annual Water Utility Replacement Project PRK EOMA c551 Civic Center Playfield (Construction) STM E20FC c552 Perrinville Creek Flow Reduction Improvements PRK E21 FA c556 Yost Park Infiltration Facility WTR E21JA c558 Phase 12 Annual Water Utility Replacement Project SWR E21 GA c559 Phase 9 Annual Sewer Replacement Project STM E21 FB c560 175th St. SW Slope Stabilization WTR E21JB c561 Elm St. Waterline Replacement SWR E21 GB c562 Sanitary Sewer and Stormwater Pipe Rating Services STM E21 FD c563 Phase 3 Storm Utility Replacement Project STM E21 FE c564 Edmonds Marsh Water Quality Project WTR E22JA c565 Phase 13 Waterline Replacement Project SWR E22GA c566 Phase 10 Sewerline Replacement Project STM E22FA c567 Phase 4 Storm Utility Replacement Project STIR E7AC i005 228th St. SW Corridor Improvements STIR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion STIR E6DD i017 Minor Sidewalk Program STIR E7AB i024 Audible Pedestrian Signals STIR E7CD i025 89th PI W Retaining Wall STIR E7DC i026 Citywide Pedestrian Crossing Enhancements STIR EBAB i028 220th Adaptive STIR EBCA i029 76th Ave W & 220th St. SW Intersection Improvements Revised 12/29/2021 Packet Pg. 65 6.2.c PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Project Title STIR EBCC 031 84th Ave W Overlay from 220th to 212th STIR EBDB i033 ADA Curb Ramps STIR EBDC i037 238th St. Island & Misc. Ramps STIR E9AA i038 2019 Traffic Calming STIR E9DA i040 Admiral Way Pedestrian Crossing STIR EOCA i042 2020 Overlay Program WTR E9CB i043 2019 Waterline Overlay STIR E9DC i044 Walnut St. Walkway (3rd-4th) STIR E9AD i045 2019 Traffic Signal Upgrades STIR EOAA i046 2020 Guardrail Installations STIR EOAB i047 2020 Traffic Signal Upgrades STIR EOAC i048 2020 Traffic Calming STIR EODB i049 2020 Pedestrian Safety Program STIR EODC i050 Citywide Bicycle Improvements Project STIR E21 CA i051 2021 Overlay Program STIR E20CB i052 76th Ave Overlay (196th St. to OVD) STIR EOCC i053 2020 Waterline Overlay STIR E20CE i055 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) STIR E21 AA i056 2021 Traffic Calming STIR E21AB i057 2021 Guardrail Installations STIR E21 DA i058 Elm Way Walkway from 8th Ave to 9th Ave WTR E21 CB i059 2021 Waterline Overlay Program SWR E21 CC i060 2021 Sewer Overlay Program STM E21CD i061 2021 Stormwater Overlay Program STIR E21DB i062 2021 Pedestrian Task Force STIR E22CA i063 2022 Overlay Program STIR E22CB i064 2022 Waterline Overlay Program STIR E22CC i065 2022 Sewerline Overlay Program STIR E22CD i066 2022 Stormwater Overlay Program STIR E22CE i067 Hwy 99 Revitalization Stage 3 (224th-238th) STIR E22CF i068 Hwy 99 Revitalization Stage 4 (224th-220th) STIR E22CG i069 SR-104 Adaptive Systems (136th-226th) STIR E22AA i07O 2022 Signal Upgrades STIR E22AB i071 2022 Traffic Calming Program STIR E22DA i072 2022 Pedestrian Safety program STIR E22AC i073 2022 Guardrail Program STM E7FG m013 NPDES (Students Saving Salmon) PRK E7MA m103 Waterfront Development & Restoration (Pre - Design) STM E7FA m105 OVD Slope Repair & Stabilization WTR E22JB m160 Yost & Seaview Reservoir Repairs and Upgrades UTILITIES ESNA solo Standard Details Updates SWR ESGB s0l l Lake Ballinger Trunk Sewer Study STIR E6AA s014 Hwy 99 Gateway Revitalization STM E6FD s017 Stormwater Comp Plan Update STM EBFA s018 2018 Lorian Woods Study UTILITIES EBJB s020 2019 Utility Rate & GFC Update STM E9FA s022 Ballinger Regional Facility Pre -Design STIR EODA s024 2020 Pedestrian Task Force GF EONA s025 Official Street Map & Sidewalk Plan Update WTR EOJB s026 Yost & Seaview Reservoir Assessment STM E21 FC s028 Perrinville Creek Recovery Study UTILITIES E22NA s029 Utility Funds reserve Policies Study UTILITIES E22NB s03O 2022 Utility Rate and GFC Study Revised 12129/2021 Packet Pg. 66 6.2.c PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding ProiectTitle Number Number FAC Edmonds Fishing Pier Rehab c443 E4MB FAC PW Concrete Regrade & Drainage South c502 E9MA GF Official Street Map & Sidewalk Plan Update s025 EONA PM Fourth Avenue Cultural Corridor c282 EBMA PRK Civic Center Playfield (Construction) c551 EOMA PRK Civic Center Playfield (Design) c536 EOMA PRK Waterfront Development & Restoration (Construction) c544 E7MA PRK Waterfront Development & Restoration (Design) c496 E7MA PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA PRK Yost Park Infiltration Facility c556 E21 FA STM 174th St. & 71 st Ave Storm Improvements c521 EBFB STM 175th St. SW Slope Stabilization c560 E21 FB STM Phase 4 Storm Utility Replacement Project c567 E22FA STM 2018 Lorian Woods Study s018 EBFA STM 2019 Storm Maintenance Project c525 EBFC STM 2021 Stormwater Overlay Program i061 E21 CD STM Ballinger Regional Facility Pre -Design s022 E9FA STM Phase 3 Storm Utility Replacement Project c563 E21 FD STM Dayton Street Stormwater Pump Station c455 E4FE STM Lake Ballinger Associated Projects c436 E4FD STM NPDES (Students Saving Salmon) m013 E7FG STM OVD Slope Repair & Stabilization m105 E7FA STM Perrinville Creek Flow Reduction Improvements c552 E20FC STM Perrinville Creek Recovery Study s028 E21 FC STM Phase 2 Annual Storm Utility Replacement Project c547 EOFB STM Seaview Park Infiltration Facility c479 ESFD STM Seaview Park Infiltration Facility Phase 2 c546 EOFA STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB STM Stormwater Comp Plan Update s017 E6FD STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM Edmonds Marsh Water Quality Project c564 E21 FE STR 2019 Traffic Calming i038 E9AA STR 2019 Traffic Signal Upgrades i045 E9AD STR 2020 Guardrail Installations i046 EOAA STR 2020 Overlay Program i042 EOCA STR 2020 Pedestrian Safety Program i049 E0D13 STR 2020 Pedestrian Task Force s024 EODA STR 2020 Traffic Calming i048 EOAC STR 2020 Traffic Signal Upgrades i047 EOAB STR 2021 Guardrail Installations i057 E21 AB STR 2021 Overlay Program i051 E21 CA STR 2021 Traffic Calming i056 E21AA STR 228th St. SW Corridor Improvements i005 E7AC STR 238th St. Island & Misc. Ramps i037 EBDC STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STR 76th Ave Overlay (196th St. to OVD) i052 E20CB STR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA STR 76th Ave W at 212th St SW Intersection Improvements c368 ElCA STR 84th Ave W Overlay from 220th to 212th i031 EBCC STR 89th PI W Retaining Wall i025 E7CD STR Hwy 99 Revitalization Stage 3 (224th-238th) i067 E22CE STR Hwy 99 Revitalization Stage 4 (224th-220th) i068 E22CF STR SR-104 Adaptive Systems (136th-226th) i069 E22CG STR ADA Curb Ramps i033 EBDB Revised 12/29/2021 Packet Pg. 67 6.2.c PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding ProiectTitle Number Number STIR Admiral Way Pedestrian Crossing 040 E9DA STIR Audible Pedestrian Signals i024 E7AB STIR Bikelink Project c474 ESDA STIR Citywide Bicycle Improvements Project i050 EODC STIR Citywide Pedestrian Crossing Enhancements 026 E7DC STIR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB STIR Edmonds Street Waterfront Connector c478 ESDB STIR Elm Way Walkway from 8th Ave to 9th Ave i058 E21 DA STIR Hwy 99 Gateway Revitalization s014 E6AA STIR Minor Sidewalk Program i017 E6DD STIR SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) 055 E20CE STIR Sunset Walkway Improvements c354 E1 DA STIR Trackside Warning System c470 ESAA STIR Walnut St. Walkway (3rd-4th) i044 E9DC STIR 2021 Pedestrian Task Force 061 E21 DB STIR 2022 Overlay Program i063 E22CA STIR 2022 Waterline Overlay Program 064 E22CB STIR 2022 Sewerline Overlay Program i065 E22CC STIR 2022 Stormwater Overlay Program 066 E22CD STIR 2022 Signal Upgrades i07O E22AA STIR 2022 Traffic Calming Program 071 E22AB STIR 2022 Pedestrian Safety program i072 E22DA STIR 2022 Guardrail Program 073 E22AC STIR 2020 Waterline Overlay i053 EOCC STIR 220th Adaptive 028 EBAB SWR 2019 Sewerline Replacement Project c516 EBGA SWR 2021 Sewer Overlay Program 060 E21 CC SWR Citywide CIPP Sewer Rehab Phase III c488 E6GB SWR Lake Ballinger Trunk Sewer Study s0l l ESGB SWR Lift Station #1 Basin & Flow Study c461 E4GC SWR Phase 8 Annual Sewer Replacement Project c548 EOGA SWR Phase 9 Annual Sewer Replacement Project c559 E21 GA SWR Sanitary Sewer and Stormwater Pipe Rating Services c562 E21 GB SWR Phase 10 Sewerline Replacement Project c566 E22GA UTILITIES 2019 Utility Rate & GFC Update s020 EBJB UTILITIES Standard Details Updates solo ESNA UTILITIES Utility Funds reserve Policies Study s029 E22NA UTILITIES 2022 Utility Rate and GFC Study s030 E22NB WTR 2019 Swedish Waterline Replacement c523 EBJA WTR 2019 Waterline Overlay 043 E9CB WTR 2019 Waterline Replacement c498 E7JA WTR 2021 Waterline Overlay Program 059 E21 CB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 ESJB WTR Elm St. Waterline Replacement c561 E21JB WTR Five Corners Reservoir Re -coating c473 ESKA WTR Phase 11 Annual Water Utility Replacement Project c549 EOJA WTR Phase 12 Annual Water Utility Replacement Project c558 E21JA WTR Yost & Seaview Reservoir Assessment s026 EOJB WTR Phase 13 Waterline Replacement Project c565 E22JA WTR Yost & Seaview Reservoir Repairs and Upgrades m160 E22JB WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WWTP WWTP Outfall Pipe Modifications c481 ESHA Revised 12/29/2021 Packet Pg. 68 7.1 City Council Agenda Item Meeting Date: 04/5/2022 Public Hearing on Emergency Moratorium on Building Permit Applications for BD2 Zoned Lots that do not front on a Designated Street Front Staff Lead: Mike Clugston Department: Planning Division Preparer: Michael Clugston Background/History Staff presented the interim standards to Council on March 29. Staff Recommendation Adopt the interim design standards and repeal the moratorium. The design standards are included as Exhibit 2 and the interim ordinance is included as Exhibit 3. Narrative On February 15, 2022, Council adopted Ordinance 4247, which declared a two -month emergency moratorium on the acceptance of building permit applications for certain projects in the Downtown Business (BD2) zone. The moratorium applies to projects that require a SEPA threshold determination on sites that are not subject to the Designated Street Front standards in Chapters 16.43 and 22.43 of the Edmonds Community Development Code (ECDC). The moratorium was intended to give staff time to create interim design standards to address gaps in the code that apply to those sites. The moratorium is included as Exhibit 1. The proposed interim design standards are included as Exhibit 2. A new section would be added to the existing design standards for the Downtown Business zones in Chapter 22.43 ECDC. These new standards would only apply to projects in the BD2 zone that do not have the Designated Street Front requirement and are stand-alone multifamily buildings. The intent of the section is to ensure that this type of project is compatible within the downtown area. The interim code change is very narrowly focused to address gaps in context sensitive design and did not involve comprehensive analysis of multifamily design standards throughout the City. The multifamily design standard project anticipated for 2022 will take a broad look at multifamily areas throughout Edmonds and will revisit these interim standards as well. Attachments: Exhibit 1- Ordinance 4247 Exhibit 2 - BD2 Interim Design Standards Exhibit 3 - 2022-03-29 interim BD2 design regs ordinance Packet Pg. 69 7.1.a CITY OF EDMONDS, WASHINGTON ORDINANCE NO.4247 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE ACCEPTANCE OF BUILDING PERMIT APPLICATIONS FOR BD2 ZONED LOTS THAT DO NOT FRONT ON A DESIGNATED STREET FRONT, TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS INTERIM DEVELOPMENT REGULATIONS FOR SUCH BD2 ZONED LOTS, SETTING TWO MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, AND DECLARING AN EMERGENCY. WHEREAS, the Edmonds Community Development Code identifies certain portions of certain streets in the Downtown Business (BD) zones as designated street fronts; and WHEREAS, pursuant to ECDC 16.43.030.B.2, Map 16.43-1 shows the streets that define the designated street front for all properties lying within the BD zones; and WHEREAS, the development regulations in the Downtown Business (BD) zones can vary depending upon whether the subject property fronts on a designed street front; and WHEREAS, there is concern that the existing development regulations in the BD2 zone may not regulate proposed development in a manner that would produce development projects that reflect community values; and WHEREAS, this concern can be addressed, initially, through the adoption of interim zoning regulations; and WHEREAS, city staff should be able to draft interim zoning regulations to address this concern within about a month; and WHEREAS, those interim zoning regulations would then be presented to the city council for consideration and adoption; and WHEREAS, RCW 36.70A.390 authorizes the city council to adopt an immediate moratorium for a period of up to six months without holding a public hearing on the proposal provided that a public hearing is held within at least sixty days of its adoption; and WHEREAS, the city council desires to impose a two -month moratorium on the acceptance of building permit applications for any property in the BD2 zone that does not front on a designated street front; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Packet Pg. 70 7.1.a Section 1. Purpose. The purpose of this moratorium is to allow the City adequate time to draft interim zoning regulations for the BD2 zone that would change the required setback for properties that do not front on a designated street front. For the purposes of this ordinance, the phrase "designated street front' shall be the portions of the downtown streets defined in ECDC 16.43.030.B.2 and shown on Map 16.43-1. Section 2. Moratorium Imposed. The city council hereby imposes a two -month moratorium on the acceptance of building permit applications for any property in the BD2 zone that does not front on a designated street front, PROVIDED THAT the moratorium shall not apply to building permit applications for projects that are categorically exempt from SEPA review. Section 3. Duration of Moratorium. The moratorium imposed by this ordinance shall commence on the effective date of this ordinance. As long as the city holds a public hearing on the moratorium and adopts findings and conclusions in support of the moratorium (as contemplated by Section 4 herein), the moratorium shall not terminate until two (2) months after the effective date, unless it is repealed sooner. Section 4. Public Hearing on Moratorium. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the city council shall hold a public hearing on a moratorium within sixty (60) days of its adoption. In this case, the hearing shall be held on April 5, 2022 unless the city council, by subsequently adopted resolution, provides for a different hearing date. No later than the next regular city council meeting immediately following the hearing, the city council shall adopt findings of fact on the subject of this moratorium and either justify its continued imposition or cancel the moratorium. Packet Pg. 71 7.1.a Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Declaration of Emergency. This ordinance, being an exercise of a power specifically delegated to the city council, is not subject to referendum. Because it is not subject to referendum, RCW 35A.12.130 applies. Pursuant to RCW 35A.12.130, this ordinance shall take effect immediately upon passage by a majority vote plus one of the whole membership of the city council. The city council hereby declares that an emergency exists necessitating that this ordinance take immediate effect. Without an immediate moratorium on the city's acceptance of the building permit applications described herein, such applications could become vested, leading to the development of property that is not consistent with the city's values and vision for the BD2 zone. Therefore, the moratorium must be imposed as an emergency measure to protect the public health, safety, and welfare, and to prevent the submission of building permit applications to the city in an attempt to vest rights. This ordinance does not affect any existing vested rights. Section 7. Publication. This ordinance shall be published by an approved summary consisting of the title. Section 8. Effective Date. This ordinance is not subject to referendum and shall take effect and be in full force and effect immediately upon passage, as set forth herein, as long as it is approved by a majority plus one of the entire membership of the Council, as required by RCW 35A.12.130. If it is only approved by a majority of the Council, it will take effect five days after passage and publication. Packet Pg. 72 7.1.a APPROVED: MAyok MIKE NELSON ATTEST/AUTHENTICATED: 5:�710� , T LER ,SCOTT EY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADANN FILED WITH THE CITY CLERK: February 15, 2022 PASSED BY THE CITY COUNCIL: February 15, 2022 PUBLISHED: February 18, 2022 EFFECTIVE DATE: February 15, 2022 ORDINANCE NO. 4247 Packet Pg. 73 7.1.a SUMMARY OF ORDINANCE NO.4247 of the City of Edmonds, Washington On the 15t' day of February, 2022, the City Council of the City of Edmonds, passed Ordinance No. 4247. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE ACCEPTANCE OF ANY BUILDING PERMIT APPLICATION ASSOCIATED WITH A BD2 LOT THAT DOES NOT FRONT ON A DESIGNATED STREET FRONT TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS INTERIM DEVELOPMENT REGULATIONS FOR SUCH BD2 ZONED LOTS, SETTING TWO MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, AND DECLARING AN EMERGENCY. The full text of this Ordinance will be mailed upon request. DATED this 15t' day of February, 2022. '5: CL K, SC❑ SSEY 1 Packet Pg. 74 7.1.a Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH948914 ORDINANCE SUMMARY as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 02/18/2022 and ending on 02/18/2022 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount ' the fee for s h publication is $65.36. Subscribed and sworn iaefo me on this r day of Z� Notary Public in and for the State of Washington. City of Edmonds - LEGALADS 114101416 SCOTTPASSEY Linda PnilllPs Notary Public State of Washington My APPOinlment £xplres 512912a25 QDMMISSIOn Number s477 Packet Pg. 75 Classified Proof 7.1.a ORDINANCE SUMMARY of 1he CIty IN Edrnn . N'aSNlrglon On the 15Lh day of February, 2a22. the C'AY Ccurlcll of the Cky Of Edimma, paaeeC the Totlowlrg Or®nanCa0. the aummades of eatd bNlnancas [nnslsling M Ulfes are prwlded ae follows: ORDINANCE NO 5 AN ORDINANCE OF fF E�CI11 157 EDMONOS. WASHINGTON, AMEN03NO CHAPTER 1.20 ECC, ENTITLED 'PUBLIC RECORDS REOUESTS; TO AUGN WITH T14E REORGANIZATION OF TKE ADMINISTRATIVE SERVICES DEPARTMENT ORDINO 42-0fi AN ORDINANCE OF TH NANCE O EDM SNDS, WASHINGTON. AUTHORIZING ALLOCATION OF AMEWCAN RESCUE PLAN ACT PREMIUM PA To THE PURPOSE CIOF EMPLOYEESDING OVID AND AND AUTHORIZING ADDITIONAL VACATION DAYS FOR SUCH EMPLOYEES OR DINANr E NO. 4 47 AN ORDINANCE OESTABLISHINGNF IMMEDIATE EMERHE CITY OF GENC1f MORA1TORAUM ON THE ACCEPTANCE OF BUILDING PERMIT APPLICA-IONS FOR 802 ZONED LOTS THAT DO NOT FRONT ON A 0ESMNA17EO STREET FRONT, TO BE IN EFFBCT UNTIL THE CM OF EDMONDS ADOPTS INTERIM DEVELOPMENT REGULATIONS FOR SUCH B02 ZONED LOTS, SETTING TWO MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, AND DECLARING EMERGENCY N . 4248 AN ORDINANCE OF O DS: WASHINGTON, AMENDING CHAPTER 5.a4 ECC (PERSONS. CRIMES RELATING TO)TO ADOPT BY REFERENCE RCW 7.94.120 AND RCW 7.105A61)'. PROVIDING FOR SEVE113ABILITY; DECLARING AN EMERGELNCY AND SETTING AN EFFECTIVE DATE The 1uO tall of Ihesa Ordrkancaa will b9 sent upon [&quasi. DATED INs 151h DaY of FebrUa ry, 2022. CITY CLERK. SCO PASSEY PubLshod: FulOMMY 1 % 2=2 EDH948914 Proofed by Phillips, Linda, 02/18/2022 08:49:25 am Page: 2 Packet Pg. 76 22.43.080 Additional Design Standards Stand -Alone Multiple Dwelling Buildings in the BD2 zone. A. Intent. To ensure that buildings entirely comprised of multiple dwelling residential units are compatible with the downtown area. B. Materials. Building facades must be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Concrete, laminates, veneers, fiber cement products and the like may be permitted by the Director or Architectural Design Board if they replicate the appearance of the preferred materials. C. Private Amenity Space. An exterior area equivalent to at least 10% of the project's gross lot area must be provided as private amenity space for residents of the development. This standard can be met through a combination of balconies (cantilevered, recessed or semi - recessed), decks, patios or yards for individual dwelling units or the site as a whole. 1. Not all dwelling units are required to have private amenity space. When it is provided, it must be immediately accessible from the dwelling unit and be a minimum of 40 sq. ft. 2. If the space is at ground level facing a street, no fence may be over three feet in height. 3. Balconies may encroach into a required setback adjacent to R-zoned property up to a maximum of 5 feet. Patios and decks may encroach into a required setback adjacent to R-zoned property up to a maximum of 10 feet. 4. A maximum of 50% of the required private amenity space may be provided as a roof top deck. Deck railings may extend a maximum of 42 inches above the height limit provided the railing and guard system has the appearance of being transparent, such as a frameless glass railing system. No permanent structures are allowed within the roof deck area. D. Street -side amenity space or Pedestrian Area. An exterior area equivalent to at least 5% of the project's gross lot area must be provided as street -side amenity space or pedestrian area. This space must be arranged along the street front between the building and the sidewalk and must be open to the sky, unless otherwise excepted. The space must be pedestrian -oriented and may include the following elements: 1. Landscaping 2. Seating area 3. A similar feature as approved by the Director or Architectural Design Board 4. Areas allocated to private amenity space cannot be used toward the street -side amenity space or pedestrian area requirement. Packet Pg. 77 7.1.c CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING INTERIM DESIGN STANDARDS FOR STAND- ALONE MULTIPLE DWELLING BUILDINGS IN THE BD2 ZONE, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM STANDARDS, AND LIFTING THE MORATORIUM THAT WAS ESTABLISHED THROUGH ORDINANCE 4247. WHEREAS, on February 15, 2022, the city council adopted Ordinance 4247, which established a moratorium on the acceptance of building permit applications for BD2 zoned lots that do not front on a designated street front; and WHEREAS, Ordinance 4247 took effect on immediately on February 15, 2022; and WHEREAS, the moratorium adopted by Ordinance 4247 will terminate on April 15, 2022, unless it is repealed sooner; and WHEREAS, the moratorium was intended to allow planning staff sufficient time to draft interim regulations for the BD2 zone; and WHEREAS, planning staff have now completed a proposed set of interim design standards for the BD2 zone; and WHEREAS, planning staff continue to work on a permanent set of multi -family design standards, which could be ready for adoption in the next six -months; and WHEREAS, while the work referenced above continues, the city council desires to adopt the following interim standards to bring the BD2 regulation into closer harmony with the city's values and policy statements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Interim Design Standards. A new section 22.43.080, entitled "Additional Design Standards Stand -Alone Multiple Dwelling Buildings in the BD2 zone," is hereby added to the Edmonds Community Development Code to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if fully set forth. Section 2. Repeal of Moratorium. Ordinance 4247, which had established a moratorium on certain development in the BD2 zone, is hereby repealed. Packet Pg. 78 7.1.c Section 3. Duration of Interim Design Standards. The interim design standards adopted by this ordinance shall commence on the effective date of this ordinance. As long as the city holds a public hearing on this ordinance and adopts findings and conclusions in support of its continued effectiveness (as contemplated by Section 4 herein), this ordinance shall not terminate until six (6) months after the effective date, unless it is repealed sooner. Section 4. Public Hearing on Interim Standards. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the city council shall hold a public hearing on this interim ordinance within sixty (60) days of its adoption. In this case, the hearing shall be held on May , 2022 unless the city council, by subsequently adopted resolution, provides for a different hearing date. No later than the next regular council meeting immediately following the hearing, the city council shall adopt findings of fact on the subject of this interim ordinance and either justify its continued effectiveness or repeal the interim ordinance. Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 6. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: Packet Pg. 79 7.1.c MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 80 7.1.c SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2022, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING INTERIM DESIGN STANDARDS FOR STAND- ALONE MULTIPLE DWELLING BUILDINGS IN THE BD2 ZONE, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM STANDARDS, AND LIFTING THE MORATORIUM THAT WAS ESTABLISHED THROUGH ORDINANCE 4247. The full text of this Ordinance will be mailed upon request. DATED this day of , 2022. CITY CLERK, SCOTT PASSEY Packet Pg. 81 8.1 City Council Agenda Item Meeting Date: 04/5/2022 Interim Design Standards for Multifamily -only Buildings in the BD2 zone Staff Lead: Mike Clugston Department: Planning Division Preparer: Michael Clugston Background/History On February 15, 2022, Council adopted Ordinance 4247, which declared a two -month emergency moratorium on the acceptance of building permit applications for certain projects in the Downtown Business (BD2) zone. The moratorium applies to projects that require a SEPA threshold determination on sites that are not subject to the Designated Street Front standards in Chapters 16.43 and 22.43 of the Edmonds Community Development Code (ECDC). The moratorium was intended to give staff time to create interim design standards to address gaps in the code that apply to those sites, specially on setbacks and context sensitive design. The moratorium is included as Exhibit 1. The proposed interim design standards are included as Exhibit 2. A new section would be added to the existing design standards for the Downtown Business zones in Chapter 22.43 ECDC. These new standards would only apply to projects in the BD2 zone that do not have the Designated Street Front requirement and are stand-alone multifamily buildings. The intent of the section is to ensure that this type of project is compatible within the downtown area. This interim code change is very narrowly focused given the time and resources available and did not involve comprehensive analysis of multifamily design standards throughout the City. The multifamily design standard project anticipated for 2022 will take a broad look at multifamily areas throughout Edmonds and will revisit these interim standards as well. Staff Recommendation Staff recommends that the Council adopt the three proposed interim design standards, as attached in Exhibit 2 and 3. Background On February 15, 2022, Council adopted Ordinance 4247, which declared a two -month emergency moratorium on the acceptance of building permit applications for certain projects in the Downtown Business (BD2) zone. The moratorium applies to projects that require a SEPA threshold determination on sites that are not subject to the Designated Street Front standards in Chapters 16.43 and 22.43 of the Edmonds Community Development Code (ECDC). The moratorium was intended to give staff time to create interim design standards to address gaps in the code that apply to those sites. The moratorium is included as Exhibit 1. Packet Pg. 82 8.1 The proposed interim design standards are included as Exhibit 2. A new section would be added to the existing design standards for the Downtown Business zones in Chapter 22.43 ECDC. These new standards would only apply to projects in the BD2 zone that do not have the Designated Street Front requirement and are stand-alone multifamily buildings. The intent of the section is to ensure that this type of project is compatible within the downtown area. This interim code change is very narrowly focused given the time and resources available and did not involve comprehensive analysis of multifamily design standards throughout the City. The multifamily design standard project anticipated for 2022 will take a broad look at multifamily areas throughout Edmonds and will revisit these interim standards as well. Narrative Nearly all parcels zoned Downtown Business are subject to the Designated Street Front requirements in Chapters 16.43 and 22.43 ECDC that were adopted in 2007. These standards are meant to address commercial and mixed -use buildings and require a 45-foot depth of ground floor commercial space in buildings measured from the street property line, minimum floor -to -floor heights within that commercial space, windows and transparency at the street, and a variety of architectural details at ground level. However, there are several small areas near the edges of the Downtown Business (BD2 - Mixed Commercial) zone that are not subject to these requirements. In these locations, other types of buildings could be constructed, including multifamily -only buildings. At the same time, BD -zoned parcels do not have required setbacks except in certain circumstances. This reflects historical development patterns and creates a consistent pedestrian experience at the street. The only Downtown Business sites that have required setbacks are those that are immediately adjacent to residentially -zoned properties and sites in the BD4 - Mixed Residential zone when a project is multifamily -only. In the first case, a 15-foot setback is required on the BD parcel to provide separation between the somewhat more intense uses in a commercial or mixed -use building on the BD parcel and the less intense adjacent residential site. In the second case, RM-1.5 setbacks are applied (15-foot street and rear setbacks, 10-foot side setbacks). It is uncertain why RM-1.5 setbacks are applied to multifamily -only buildings in BD4 but it is likely that was the most convenient way at the time of differentiating a commercial or mixed -use project from a multifamily -only building. In BD4, where multiple residential was anticipated to be a greater share of development, it makes some sense that a commercial or mixed -use building would have different setbacks than a multifamily -only building. However, in the BD2 zone, where commercial development is the intended to be the primary use, applying the RM-1.5 setbacks to stand-alone multifamily doesn't make sense. The uses are very similar, particularly if a mixed -use building with multiple dwelling units above ground -floor commercial is adjacent to a building that has only two or three floors of multifamily units. A more measured approach would be appropriate for these transitional BD2 - Mixed Commercial properties. Consistency with Comprehensive Plan Guidance The proposed design standards are intended to address the following design guidance for projects in the Downtown/Waterfront Activity Center: Vehicular Access and Parking. Driveways and curb cuts should be minimized to assure a consistent and safe streetscape for pedestrians. When alleys are present, Packet Pg. 83 8.1 these should be the preferred method of providing vehicular access to a property and should be used unless there is no reasonable alternative available. Configuration of parking should support a "park and walk" policy that provides adequate parking while minimizing impacts on the pedestrian streetscape. Pedestrian Access and Connections. Improve pedestrian access from the street by locating buildings close to the street and sidewalks, and defining the street edge. Building Setbacks. Create a common street frontage view with enough repetition to tie each site to its neighbor. Encourage the creation of public spaces to enhance the visual attributes of the development and encourage outdoor interaction. Building/Site Identity. In the downtown area, retain a connection with the scale and character of downtown through the use of similar materials, proportions, forms, masses or building elements. Encourage new construction to use designs that reference, but do not replicate historic forms or patterns. Massing. Large building masses should be subdivided or softened using design elements that emphasize the human scale of the streetscape. Building fagades should respect and echo historic patterns along downtown pedestrian streets. Proposed Design Standards Rather than simply applying RM-1.5 setbacks to BD2 parcels that don't have the Designated Street Front requirement, there are other tools available to help multifamily -only buildings fit within the downtown context and provide a transition into the commercial core. The following design standards are proposed for BD2 sites where multifamily -only buildings can be located. 1) Materials There is currently no preference stated in the code for the types of materials that can be used on the exterior of a building. This allows flexibility but can result in use of materials that do not reflect the historic patterns in the downtown area as the Building/Site Identity guidance in the Comprehensive Plan indicates. To that end, this standard would require the use of preferred materials including natural stone, wood, architectural metal, brick, and glass. Man-made products like fiber cement could be used if it is made to look like the preferred materials. While contributing to a more historic look, using a variety of preferred materials can be used to break up a building's massing. 2) Private amenity space Multifamily -only projects in the BD2 zone would be required to provide 10% of gross lot area in some form of private amenity space on the project site. This could take the form of balconies, decks, patios, or yards for individual dwelling units or applied to the site. These spaces would improve livability for the residents and serve to modulate building facades and reduce building massing. There are different options proposed to meet this standard because each site and building are unique so that what makes sense on a BD2-zoned parcel that has no required side setback might not work as well on a parcel that has a 15-foot required setback from an adjacent R-zoned property. 3) Street -side amenity space or pedestrian area Multifamily -only projects in the BD2 zone would be required to provide 5% of gross lot area in some form of street -side amenity space or pedestrian area on the project site. This space would have to be Packet Pg. 84 8.1 arranged along the street front between the building and the sidewalk. This standard is consistent with the Pedestrian Access and Building Setback language in the Comprehensive Plan in that it would serve to move the building back somewhat from the sidewalk similar to a setback but still allow for pedestrian connection with the street. Next Steps Staff recommends that the Council adopt the three proposed interim design standards. In concert with the existing design guidance in the Comprehensive Plan and development code, these standards will help multifamily -only buildings fit into the downtown context. Attachments: Exhibit 1 - Ordinance 4247 Exhibit 2 - BD2 Interim Design Standards Exhibit 3 - 2022-03-29 interim BD2 design regs ordinance Exhibit 4 - BD2 Code Presentation 3.29.22 Packet Pg. 85 8.1.a CITY OF EDMONDS, WASHINGTON ORDINANCE NO.4247 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE ACCEPTANCE OF BUILDING PERMIT APPLICATIONS FOR BD2 ZONED LOTS THAT DO NOT FRONT ON A DESIGNATED STREET FRONT, TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS INTERIM DEVELOPMENT REGULATIONS FOR SUCH BD2 ZONED LOTS, SETTING TWO MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, AND DECLARING AN EMERGENCY. WHEREAS, the Edmonds Community Development Code identifies certain portions of certain streets in the Downtown Business (BD) zones as designated street fronts; and WHEREAS, pursuant to ECDC 16.43.030.B.2, Map 16.43-1 shows the streets that define the designated street front for all properties lying within the BD zones; and WHEREAS, the development regulations in the Downtown Business (BD) zones can vary depending upon whether the subject property fronts on a designed street front; and WHEREAS, there is concern that the existing development regulations in the BD2 zone may not regulate proposed development in a manner that would produce development projects that reflect community values; and WHEREAS, this concern can be addressed, initially, through the adoption of interim zoning regulations; and WHEREAS, city staff should be able to draft interim zoning regulations to address this concern within about a month; and WHEREAS, those interim zoning regulations would then be presented to the city council for consideration and adoption; and WHEREAS, RCW 36.70A.390 authorizes the city council to adopt an immediate moratorium for a period of up to six months without holding a public hearing on the proposal provided that a public hearing is held within at least sixty days of its adoption; and WHEREAS, the city council desires to impose a two -month moratorium on the acceptance of building permit applications for any property in the BD2 zone that does not front on a designated street front; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Packet Pg. 86 8.1.a Section 1. Purpose. The purpose of this moratorium is to allow the City adequate time to draft interim zoning regulations for the BD2 zone that would change the required setback for properties that do not front on a designated street front. For the purposes of this ordinance, the phrase "designated street front' shall be the portions of the downtown streets defined in ECDC 16.43.030.B.2 and shown on Map 16.43-1. Section 2. Moratorium Imposed. The city council hereby imposes a two -month moratorium on the acceptance of building permit applications for any property in the BD2 zone that does not front on a designated street front, PROVIDED THAT the moratorium shall not apply to building permit applications for projects that are categorically exempt from SEPA review. Section 3. Duration of Moratorium. The moratorium imposed by this ordinance shall commence on the effective date of this ordinance. As long as the city holds a public hearing on the moratorium and adopts findings and conclusions in support of the moratorium (as contemplated by Section 4 herein), the moratorium shall not terminate until two (2) months after the effective date, unless it is repealed sooner. Section 4. Public Hearing on Moratorium. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the city council shall hold a public hearing on a moratorium within sixty (60) days of its adoption. In this case, the hearing shall be held on April 5, 2022 unless the city council, by subsequently adopted resolution, provides for a different hearing date. No later than the next regular city council meeting immediately following the hearing, the city council shall adopt findings of fact on the subject of this moratorium and either justify its continued imposition or cancel the moratorium. Packet Pg. 87 8.1.a Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Declaration of Emergency. This ordinance, being an exercise of a power specifically delegated to the city council, is not subject to referendum. Because it is not subject to referendum, RCW 35A.12.130 applies. Pursuant to RCW 35A.12.130, this ordinance shall take effect immediately upon passage by a majority vote plus one of the whole membership of the city council. The city council hereby declares that an emergency exists necessitating that this ordinance take immediate effect. Without an immediate moratorium on the city's acceptance of the building permit applications described herein, such applications could become vested, leading to the development of property that is not consistent with the city's values and vision for the BD2 zone. Therefore, the moratorium must be imposed as an emergency measure to protect the public health, safety, and welfare, and to prevent the submission of building permit applications to the city in an attempt to vest rights. This ordinance does not affect any existing vested rights. Section 7. Publication. This ordinance shall be published by an approved summary consisting of the title. Section 8. Effective Date. This ordinance is not subject to referendum and shall take effect and be in full force and effect immediately upon passage, as set forth herein, as long as it is approved by a majority plus one of the entire membership of the Council, as required by RCW 35A.12.130. If it is only approved by a majority of the Council, it will take effect five days after passage and publication. Packet Pg. 88 8.1.a APPROVED: MAyok MIKE NELSON ATTEST/AUTHENTICATED: 5:�710� , T LER ,SCOTT EY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADANN FILED WITH THE CITY CLERK: February 15, 2022 PASSED BY THE CITY COUNCIL: February 15, 2022 PUBLISHED: February 18, 2022 EFFECTIVE DATE: February 15, 2022 ORDINANCE NO. 4247 Packet Pg. 89 8.1.a SUMMARY OF ORDINANCE NO.4247 of the City of Edmonds, Washington On the 15t' day of February, 2022, the City Council of the City of Edmonds, passed Ordinance No. 4247. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE ACCEPTANCE OF ANY BUILDING PERMIT APPLICATION ASSOCIATED WITH A BD2 LOT THAT DOES NOT FRONT ON A DESIGNATED STREET FRONT TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS INTERIM DEVELOPMENT REGULATIONS FOR SUCH BD2 ZONED LOTS, SETTING TWO MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, AND DECLARING AN EMERGENCY. The full text of this Ordinance will be mailed upon request. DATED this 15t' day of February, 2022. '5: CL K, SC❑ SSEY 1 Packet Pg. 90 8.1.a Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH948914 ORDINANCE SUMMARY as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 02/18/2022 and ending on 02/18/2022 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount ' the fee for s h publication is $65.36. Subscribed and sworn iaefo me on this r day of Z� Notary Public in and for the State of Washington. City of Edmonds - LEGALADS 114101416 SCOTTPASSEY Linda PnilllPs Notary Public State of Washington My APPOinlment £xplres 512912a25 QDMMISSIOn Number s477 Packet Pg. 91 8.1.a Classified Proof ORDINANCE SUMMARY of 1he CIty IN Edrnn . N'aSNlrglon On the 15Lh day of February, 2a22. the C'AY Ccurlcll of the Cky Of Edimma, paaeeC the Totlowlrg Or®nanCa0. the aummades of eatd bNlnancas [nnslsling M Ulfes are prwlded ae follows: ORDINANCE NO 5 AN ORDINANCE OF fF E�CI11 157 EDMONOS. WASHINGTON, AMEN03NO CHAPTER 1.20 ECC, ENTITLED 'PUBLIC RECORDS REOUESTS; TO AUGN WITH T14E REORGANIZATION OF TKE ADMINISTRATIVE SERVICES DEPARTMENT ORDINO 42-0fi AN ORDINANCE OF TH NANCE O EDM SNDS, WASHINGTON. AUTHORIZING ALLOCATION OF AMEWCAN RESCUE PLAN ACT PREMIUM PA To THE PURPOSE CIOF EMPLOYEESDING OVID AND AND AUTHORIZING ADDITIONAL VACATION DAYS FOR SUCH EMPLOYEES OR DINANr E NO. 4 47 AN ORDINANCE OESTABLISHINGNF IMMEDIATE EMERHE CITY OF GENC1f MORA1TORAUM ON THE ACCEPTANCE OF BUILDING PERMIT APPLICA-IONS FOR 802 ZONED LOTS THAT DO NOT FRONT ON A 0ESMNA17EO STREET FRONT, TO BE IN EFFBCT UNTIL THE CM OF EDMONDS ADOPTS INTERIM DEVELOPMENT REGULATIONS FOR SUCH B02 ZONED LOTS, SETTING TWO MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, AND DECLARING EMERGENCY N - 4248 AN ORDINANCE OF O DS: WASHINGTON, AMENDING CHAPTER 5.34 ECC (PERSONS. CRIMES RELATING TO)TO ADOPT BY REFERENCE RCW 7.94.120 AND RCW 7.105A61)'. PROVIDING FOR SEVE113ABILITY; DECLARING AN EMERGELNCY AND SETTING AN EFFECTIVE DATE The 1uO tall of Ihesa Ordrkancaa will b9 sent upon [&quasi. DATED INs 151h DaY of FebrUa ry, 2022. CITY CLERK. SCO PASSEY PubLshod: FulOMMY 1 % 2=2 EDH948914 Proofed by Phillips, Linda, 02/18/2022 08:49:25 am Page: 2 Packet Pg. 92 22.43.080 Additional Design Standards Stand -Alone Multiple Dwelling Buildings in the BD2 zone. A. Intent. To ensure that buildings entirely comprised of multiple dwelling residential units are compatible with the downtown area. B. Materials. Building facades must be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Concrete, laminates, veneers, fiber cement products and the like may be permitted by the Director or Architectural Design Board if they replicate the appearance of the preferred materials. C. Private Amenity Space. An exterior area equivalent to at least 10% of the project's gross lot area must be provided as private amenity space for residents of the development. This standard can be met through a combination of balconies (cantilevered, recessed or semi - recessed), decks, patios or yards for individual dwelling units or the site as a whole. 1. Not all dwelling units are required to have private amenity space. When it is provided, it must be immediately accessible from the dwelling unit and be a minimum of 40 sq. ft. 2. If the space is at ground level facing a street, no fence may be over three feet in height. 3. Balconies may encroach into a required setback adjacent to R-zoned property up to a maximum of 5 feet. Patios and decks may encroach into a required setback adjacent to R-zoned property up to a maximum of 10 feet. 4. A maximum of 50% of the required private amenity space may be provided as a roof top deck. Deck railings may extend a maximum of 42 inches above the height limit provided the railing and guard system has the appearance of being transparent, such as a frameless glass railing system. No permanent structures are allowed within the roof deck area. D. Street -side amenity space or Pedestrian Area. An exterior area equivalent to at least 5% of the project's gross lot area must be provided as street -side amenity space or pedestrian area. This space must be arranged along the street front between the building and the sidewalk and must be open to the sky, unless otherwise excepted. The space must be pedestrian -oriented and may include the following elements: 1. Landscaping 2. Seating area 3. A similar feature as approved by the Director or Architectural Design Board 4. Areas allocated to private amenity space cannot be used toward the street -side amenity space or pedestrian area requirement. Packet Pg. 93 8.1.c CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING INTERIM DESIGN STANDARDS FOR STAND- ALONE MULTIPLE DWELLING BUILDINGS IN THE BD2 ZONE, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM STANDARDS, AND LIFTING THE MORATORIUM THAT WAS ESTABLISHED THROUGH ORDINANCE 4247. WHEREAS, on February 15, 2022, the city council adopted Ordinance 4247, which established a moratorium on the acceptance of building permit applications for BD2 zoned lots that do not front on a designated street front; and WHEREAS, Ordinance 4247 took effect on immediately on February 15, 2022; and WHEREAS, the moratorium adopted by Ordinance 4247 will terminate on April 15, 2022, unless it is repealed sooner; and WHEREAS, the moratorium was intended to allow planning staff sufficient time to draft interim regulations for the BD2 zone; and WHEREAS, planning staff have now completed a proposed set of interim design standards for the BD2 zone; and WHEREAS, planning staff continue to work on a permanent set of multi -family design standards, which could be ready for adoption in the next six -months; and WHEREAS, while the work referenced above continues, the city council desires to adopt the following interim standards to bring the BD2 regulation into closer harmony with the city's values and policy statements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Interim Design Standards. A new section 22.43.080, entitled "Additional Design Standards Stand -Alone Multiple Dwelling Buildings in the BD2 zone," is hereby added to the Edmonds Community Development Code to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if fully set forth. Section 2. Repeal of Moratorium. Ordinance 4247, which had established a moratorium on certain development in the BD2 zone, is hereby repealed. Packet Pg. 94 8.1.c Section 3. Duration of Interim Design Standards. The interim design standards adopted by this ordinance shall commence on the effective date of this ordinance. As long as the city holds a public hearing on this ordinance and adopts findings and conclusions in support of its continued effectiveness (as contemplated by Section 4 herein), this ordinance shall not terminate until six (6) months after the effective date, unless it is repealed sooner. Section 4. Public Hearing on Interim Standards. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the city council shall hold a public hearing on this interim ordinance within sixty (60) days of its adoption. In this case, the hearing shall be held on May , 2022 unless the city council, by subsequently adopted resolution, provides for a different hearing date. No later than the next regular council meeting immediately following the hearing, the city council shall adopt findings of fact on the subject of this interim ordinance and either justify its continued effectiveness or repeal the interim ordinance. Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 6. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: Packet Pg. 95 8.1.c MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 96 8.1.c SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2022, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING INTERIM DESIGN STANDARDS FOR STAND- ALONE MULTIPLE DWELLING BUILDINGS IN THE BD2 ZONE, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM STANDARDS, AND LIFTING THE MORATORIUM THAT WAS ESTABLISHED THROUGH ORDINANCE 4247. The full text of this Ordinance will be mailed upon request. DATED this day of , 2022. CITY CLERK, SCOTT PASSEY Packet Pg. 97 8.1.d Interim Design Standards for Stand -Alone Multifamily Buildings in the BD2 zone Michael Clugston, Senior Planner Susan McLaughlin, Development Services Director Edmonds City Council March 29, 2022 8.1.d Moratorium Ordinance 4247: "The purpose of this moratorium is to allow the City adequate time to draft interim zoning regulations for the BD2 zone that would change the required setback for properties that do not front on a Designated Street Front." This was NOT a comprehensive look at the BD zones or multifamily design standards 8.1.d Downtown Busine.c Zones BD1 — Retail Core BD2 — Mixed Commercial BD3 — Convenience Commercial BD4 — Mixed Residential BD5 —Arts Corridor 8.1.d Designated Street Front Standards -Commercial and mixed -use building -45-foot depth of ground floor comme -Floor height minimums -Transparency and access at sidewal -Detail at ground level -Multifamily allowed behind 45 feet or above 8.1.d BD2 Parcels withou Designated Street Front Y_ ��I I I Ili ��■ice i��i�� Have to address two situations where project is adjacent to R-zoned property and/or where it is adjacent t other BD2DrODertv 8.1.d Comprehensive Plan: Downtown/Waterfront Activity Center Downtown/Waterfront Area Goal E. Identify supporting arts and mixed use residential a office areas which support and complement downtown retail use areas. Provide for central retail core at downtown's focal center while providing for a mixture of supporter commercial and residential uses in the area surrounding this retail core area. Emphasi plan for links between the retail core and these supporting areas. EA Support a mix of uses downtown which includes a variety of housing, commercial, and cultural activities. 8.1.d Comprehensive Plan: Downtown/Waterfront Activity Center Downtown/Waterfront Area Goal F. Focus development between the commercial and retc- core and the Edmonds Center for the Arts on small-scale retail, service, and multi -family residential uses 8.1.d Comprehensive Plan: Downtown Design Goals and Policies -Vehicular Access and Parking -Pedestrian Access and Connections -Building Setbacks -Building/Site Identity -Massing 8.1.d Proposed Design Standards -Materials -Street-side Amenity Space -Private Amenity Space P i North Sound Center ► �`,^« + TWW MAi s- s� AIM -- Materials -Breaks up massing; strengthens identity -Preferred exterior materials: natural ston wood, architectural mE brick, and glass -Man-made ok if madE look like preferred moll. V LL gww 77.7 V-4 STAP s OFFEE PAr _. 4A A 8.1.d Benefits of Street -side Amenity Space -Results in a setback to the street to serve as amenity spacE -Activates street front to improve the pedestrian experience -Strengthens pedestrian access and site identity 8.1.d .... MOEN No" Street -side Amenity Space -5% of lot area must be provid -Shall be between building ani sidewalk only and open to sky -Must include landscaping, seating, art, etc. SECTION CUT - STREET -FACING 8.1.d 30 #t. max 12 °1 mw AREA eet-side Amenity Space :t-side amenity space area des any private amenity space that is provided at the front of gilding spy/awnings required and does ipact amount of street -side pity area Packet Pg. 111 8.1.d Benefits of Private Amenity Space -Improves livability for smaller residential units -Allows for architectural discretion to design amenity space to C'" with building character, orientation and style -Provides additional articulation of massing, adds interest to the facade and increases `eyes on the street' thereby improving sa PLAN VIEW - PRIVATE AMENITY SPACE 8.1.d ROW LINE 6 FT. MIN. FENCE SCREENING 50% MAX OF AMENITY SPACE AS ROOFTOP -PRIVATE AMENITY SPACE = 40 SQ. FT. MIN. u v n a A U Y �Jrfvate Am Space w L M M Cn 0 E �L d N N 6D N M C O c aD N m a m M O 0 N G m t X W r Q� 5 ft. min. 15 ft. min. setback setback Packet Pg. 113 PLAN VIEW - PRIVATE AMENITY SPACE 8.1.d ROW LINE 6 FT. MIN. FENCE SCREENING 50% MAX OF AMENITY SPACE AS ROOFTOP -PRIVATE AMENITY SPACE = 40 SQ. FT. MIN. u v n a A U Y �Jrfvate Am Space w L M M Cn 0 E �L d N N 6D N M C O c aD N m a m M O 0 N G m t X W r Q� 5 ft. min. 15 ft. min. setback setback Packet Pg. 114 8.1.d SECTION CUT - ADJACENT PROPERTY 30 ft_ max 12 ft. min. �Jrfvate P oY[K: N N 6D N M C O O C N N d a m M 0 V N G m t X W r Q� Packet Pg. 115 �0 U �0319MIA Downtown Mixed Residential IIIINIII! If mixed -use project, no ICI■i r � ��:f�����■ setbacks — if MF only, RM-1 .5 ON setbacks apply 3 large sites w/o Designated Street Front RM setback not appropriate for �� BD2 parcels AN .11��1HrWm 8.2 City Council Agenda Item Meeting Date: 04/5/2022 2022 PROS Plan Draft Revision Proposal Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser Background/History At the conclusion of the 2022 Parks, Recreation & Open Space (PROS) Plan Public Hearing held March 15th and continued to March 22nd, the Council expressed varying requests for revisions to the current draft Plan which were too comprehensive to easily identify and implement into the Final Plan. As a result, staff was asked to return to Council with a proposal to manage the Plan revision recommendation process in order to finalize the 2022 PROS Plan for Council approval consideration. In consultation with the Council leadership, the following approach was developed and is proposed to the full Council. City Council Task Force The formation of a City Council Task Force of two to three members to meet with city staff and project consultant to develop revision recommendations for consideration by the full Council. The revisions will take into consideration and address comments and requests made by Council members during the Council Public Hearings and shared with city staff through conversations and emails. This process is proposed to take two to three meetings to discuss, draft, review and formalize the revision recommendation. Taking into consideration availability of Task Force members, it is estimated this work to take three to four weeks and return to the full Council late April or early May. The services to support this effort is beyond the original project scope of work and is estimated to cost between $6,800 - $8,000 depending on extent of meetings and volume of document revisions. This will require a Council -approved amendment to the initial $143,396 Professional Services Agreement. Staff Recommendation Council approve the PROS Plan Revision Council Task Force as proposed and described and amend the City of Edmonds and Conservation Technix Professional Services Agreement for an additional $8,000. Packet Pg. 117 8.3 City Council Agenda Item Meeting Date: 04/5/2022 Residential Occupancy Code Amendments Introduction Staff Lead: Kernen Lien Department: Planning Division Preparer: Kernen Lien Background/History The Washington State Legislature adopted Senate Bill (SB) 5235 during the 2021 legislative session to address "Housing Unit Inventory - Removing Limits." It was signed by the Governor in May 2021 and addresses local control over residential occupancy restrictions. Specifically, it limits a local government's ability to regulate the number of occupants living within a household (dwelling). The only exceptions are for occupancy limits assigned in the Building Code, group homes, and short-term rentals. The applicable portion of SB 5235 is provided as Exhibit 1. Note: The majority of SB 5235 was vetoed by the Governor. To avoid confusion, the vetoed and non -applicable sections have not been included. The Planning Board discussed the potential code amendments at their October 28, 2021 and December 8, 2021 meetings, and held a public hearing on January 12, 2022 which they forwarded a recommendation to the City Council. Staff Recommendation Set public hearing on the proposed residential occupancy code amendments. Narrative SB 5235 removes the City's ability to set limits on the number of people living in a household. The Edmonds Community Development Code (ECDC) contains several references to occupancy limits in the definitions section of the code. The definition for Families (ECDC 21.30.10) and the Criteria for Attached Accessory Dwelling Units (ECDC 20.21.030) both currently contain limits on the number of unrelated persons that can live in a dwelling unit. The purpose of this code amendment is to remove these specific occupancy limits and replace them with other criteria and standards to address how a single-family dwelling (structure) operates. The definition of family changes across time and across cultures. Traditionally family has been defined as two or more people who are related by blood, marriage, and adoption. Traditional families may also include joint families where three or more generations of blood relatives live in a single household. These joint families often include cousins, aunts and uncles, and other relatives from the extended family. Modern families exist in many forms including the single parent family, foster families, same -sex couples, childfree families, and many other variations from traditional norms. In many cases, people do not grow up with their family of orientation, but become part of a stepfamily or blended family. These Packet Pg. 118 8.3 code amendments while compliant with state law also provide a more realistic and inclusive definition of family. The draft amendment covers three main areas: 1) Updating the definition of a Family in ECDC 21.30.010 to remove residential occupancy limits. 2) Strengthening the definitions for single-family dwelling units. 3) Updating accessory dwelling unit (ADU) requirements for consistency. The main element of the code amendment is removing the limitations for unrelated people living in a house from the definition of a family. The definition will maintain limitations on certain group usages such as halfway homes. It also maintains other provisions of the family definition in ECDC 21.30.010. The other major component involves finding other ways to maintain and protect the single-family zoning and usage. To do that, staff has focused on including tangible and objective criteria to the single-family dwelling (unit) definition in ECDC 21.90.080. It includes adding structural requirements, such as limitations to one mailbox, electric meter, water meter, and gas meter (An exception was provided for properties with an approved ADU that two mailboxes may be allowed). It will codify the requirement for common access to living, sleeping, cooking, eating areas. This should help ensure single-family zoning and usage remain without relying on residential occupancy limits. Lastly, it updates several accessory dwelling unit code sections to remove residential occupancy requirements. It does however maintain the owner -occupancy requirement and rental limits that currently exist. The relevant portion of SB 5235 is provided in Exhibit 1 and the draft code language is provided in Exhibit 2. Planning Board minute excerpts are contained in Exhibits 3 - 5. The SEPA Determination of Nonsignificance and SEPA Checklist are provided in Exhibit 6. Attachments: Exhibit 1- SB 5235 (Simplified) Exhibit 2: Draft Residential Occupancy Code Amendments PB Recommendation Exhibit 3: October 27, 2021 Planning Board Minutes Excerpt Exhibit 4: December 8, 2021 Planning Board Minutes Excerpt Exhibit 5: January 12, 2022 Planning Board Minutes Excerpt Exhibit 6: Residential Occupancy SEPA DNS and Checlist Packet Pg. 119 8.3.a CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE SENATE BILL 5235 Chapter 306, Laws of 2021 (partial veto) 67th Legislature 2021 Regular Session HOUSING UNIT INVENTORY —REMOVING LIMITS EFFECTIVE DATE: July 25, 2021 Passed by the Senate April 14, 2021 Yeas 30 Nays 18 DENNY HECK President of the Senate Passed by the House April 7, 2021 Yeas 57 Nays 40 LAURIE JINKINS Speaker of the House of Representatives Approved May 13, 2021 11:53 AM with the exception of sections 1, 3, and 4, which are vetoed. JAY INSLEE Governor of the State of Washington CERTIFICATE I, Brad Hendrickson, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5235 as passed by the Senate and the House of Representatives on the dates hereon set forth. BRAD HENDRICKSON Secretary FILED May 13, 2021 Secretary of State State of Washington m Q E co Ln M N In m co t K LU c d E z c� a Packet Pg. 120 8.3.a ENGROSSED SUBSTITUTE SENATE BILL 5235 AS AMENDED BY THE HOUSE Passed Legislature - 2021 Regular Session State of Washington 67th Legislature 2021 Regular Session By Senate Housing & Local Government (originally sponsored by Senators Liias, Das, Nguyen, Nobles, Saldana, and Wilson, C.) READ FIRST TIME 02/05/21. 1 AN ACT Relating to increasing housing unit inventory by removing 2 arbitrary limits on housing options; amending RCW 36.70A.696, 3 36.70A.697, and 36.70A.698; adding a new section to chapter 35.21 4 RCW; adding a new section to chapter 35A.21 RCW; adding a new section 5 to chapter 36.01 RCW; and creating a new section. m 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: a E 7 *NEW SECTION. Sec. 1. The legislature finds that local zoning 8 laws can contribute to limiting the housing available for M ,j; 9 Washingtonians. The legislature finds that reducing these barriers Cn 10 can increase affordable hog options. The legislature finds that r 11 accessory dwelling units can %oneway to add affordable long-term x 12 housing and to provide a needed � rease in housing density. However, w 13 the legislature finds that resea from several cities shows that Z. E 14 when accessory dwelling units are )%t and offered for short-term U 15 rental for tourists and business vis" rs, they may not improve r a 16 housing affordability. Therefore, it is t -ntent of the legislature 17 to encourage reducing barriers to accessory 2l%elling units when local 18 governments have programs to incentivize or assure that they will be 19 utilized for long-term housing. The legislature finds that owner 20 occupancy requirements may provide an appropriate means for local 21 governments to ensure community impacts of accessory dwelling unit.- P. 1 E S S packet Pg. 121 1 applicable health and safety provisions as established by applicable 2 building code or city ordinance, a city or town may not regulate or 3 limit the number of unrelated persons that may occupy a household or 4 dwelling unit. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NEW SECTION._ Sec. 6. A new section is added to chapter 35A.21 RCW to read as follows: Except for occupant limits on group living arrangements regulated under state law or on short-term rentals as defined in RCW 64.37.010 and any lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building code or city ordinance, a code city may not regulate or limit the number of unrelated persons that may occupy a household or dwelling unit. NEW SECTION._ Sec. 7. A new section is added to chapter 36.01 v RCW to read as follows:l� Except for occupant limits on group living arrangements regulated under state law o ,Nn short-term rentals as defined in RCW O 64.37.010 and any lawful limint pn occupant load per square foot or generally applicable health and Qety provisions as established by N applicable building code or couniordinance, a county may not regulate or limit the number of�(Ctnrelated persons that may m occupy a household or dwelling unit. a E Passed by the Senate April 14, 2021. in Passed by the House April 7, 2021. Ln Approved by the Governor May 13, 2021, with the exception of ccl certain items that were vetoed. m Filed in Office of Secretary of State May 13, 2021. T Note: Governor's explanation of partial veto is as follows: "I am returning herewith, without my approval as to Sections 1, 3, w and 4, Engrossed Substitute Senate Bill No. 5235 entitled: c "AN ACT Relating to increasing housing unit inventory by E removing arbitrary limits on housing options." Section 3 allows cities to delay local implementation of statewide a requirements around siting of accessory dwelling units until two years after their next required comprehensive plan update. Accessory dwelling units play an important role in creating additional housing options in urban areas and the state is currently facing a housing crisis. Section 4 limits the ability for local governments to require owner occupancy on lots containing an accessory dwelling unit, but it also creates numerous exceptions to that limitation which are problematic. I am concerned that the language may allow a local government to p. 6 E S S Packet Pg. 122 prevent the siting and development of accessory dwelling units in perpetuity with very little justification. Section 1 establishes the intent of the bill. Due to the vetoes of Sections 3 and 4, the original statement of intent no longer fully applies to this bill. For these reasons I have vetoed Sections 1, 3, and 4 of Engrossed Substitute Senate Bill No. 5235. With the exception of Sections 1, 3, and 4, Engrossed Substitute Senate Bill No. 5235 is approved." --- END --- m E 0 Ln M N W m CO t K W r C d E M t� t0 r� a P. 7 E S S Packet Pg. 123 8.3.b Draft Residential Occupancy Code Amendment, w/ Planning Board Recommendations Section Modified 20.21.020 Density limitation — Limitation on the total occupancy (ADUs) 20.21.030 Criteria for attached accessory dwelling units (ADUs) 21.20.050 Dwelling unit. 21.30.010 Families. 21.90.080 Single-family dwelling (unit) ADU Changes (Chapter 20.21) 20.21.020 Density limitation — Limitation on the total occupancy. Exe pt as pre-vided- i., FECD Rn fer the - ,,.Ja+ien „f the d*r;;hip J � No lot shall be — occupied by more than one family as defined in ECDC 21.30.010. This limitation shall be interpreted to accomplish its purpose, which is to ensure that the approval of an accessory dwelling unit shall not increase the overall density of a single-family residential neighborhood. 20.21.030 Criteria for attached accessory dwelling units. D. Location and Appearance. The single-family appearance and character of the residence shall be maintained when viewed from the surrounding neighborhood. The design of the accessory dwelling unit shall be incorporated into the design of the principal dwelling unit and shall be designed to maintain the architectural design, style, appearance and character of the main building as a single-family residence using matching materials, colors, window style, and roof design. The primary entrance to the accessory dwelling unit shall be located in such a manner as to be unobtrusive when viewed from the street. Whenever possible, new entrances should be placed at the side or rear of the building. Only one electric, one gas meter, and one water meter shall be allowed for the entire building, serving both the primary residence and the accessory dwelling unit. An additional mailbox can be added to the lot if the accessory dwelling unit is approved according to the requirements for an accessory dwelling unit found in Chapter 20.21 ECDC. Accessory dwelling units must be located within or attached to single-family dwelling units. F. Occupancy. Either the primary dwelling or the accessory dwelling unit shall be owner -occupied. "Owner -occupied" shall mean a property owner who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and actually resides at the site more than six months out of any given year, and at no time receives rent for the owner -occupied unit 1.20.22 Proposed amendments are shown with stFikethreugh to denote text to be deleted and underline to denote text to be added. Packet Pg. 124 8.3.b Draft The owner(s) shall not rent the designated owner -occupied unit at any time during the pendency of the ADU permit; any such rental shall void the permit. The owner(s) shall not rent any portion of the owner occupied residence either during the owner(s)' occupancy or while the owner is absent from the owner occupied unit for any period. In no event shall the *^+^l 4G4 occupants of the lot exceed one family as defined in this code; provided however, that Of the aceesseFy dwelling „nit ;� mur-se A_F other eaFegiveF assisting a disabled person ;Aohe iS an erce-upant of the prinempal residence, eF th -1 - - - I- I - -1 - - - - - . - - -- -1 - _- i L - . - ... - - - I - - - - - i I- - - - - - - - - - - - - I M - - � i - t - . - - t - - - M � - - . - - - - I- - - - - - - - - - -1 1- . . - - - exceed ene family as defined in thaS c--e4e-. Changes to Definitions (Title 21) 21.20.050 Dwelling unit. Dwelling unit means a building, or portion thereof, providing complete housekeeping facilities for one family, which includes permanent provisions for living, sleeping, eating, cooking and sanitation. Dwelling unit does not include recreation vehicles or mobile homes. (See also, Multiple Dwelling Units and Family.) 21.30.010 Famaiees Family. A. Family means individuals censis*i^^ of two or mere persons related or unrelated by genetics, adoption, or marriage, or f five or fewer peFSORS .,he @Fe IRGet Related by geReties, a deptiOR ., , or marriage +., ,II .,f+he members .,f such group living in a dwelling unit. B. The term "family" shall include: 1. State licensed adult family homes required to be recognized as residential use pursuant to RCW 74.4-29440 70.1281 2. State licensed foster family homes and group care facilities as defined in RCW 74.15.180, subject to the exclusion of subsection {Q of this section; 3. Group homes for the disabled required to be accommodated as residential uses pursuant to the Fair Housing Act amendments as the same exists or is hereafter amended. C. The term "family" shall exclude individuals residing in halfway houses, crisis residential centers as defined in RCW � .' n�(3)( �74.15.020.1.c, group homes licensed for juvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel. 1.20.22 Proposed amendments are shown with stFikethiceugh to denote text to be deleted and underline to denote text to be added. Packet Pg. 125 8.3.b Draft D. Accessory Dwelling Units (ADUs). When an accessory dwelling unit (ADU) is approved pursuant to Chapter 20.21 ECDC, only one of the dwelling units, either the primary residence or the ADU, shall be used to house renters and E)F uRFelated peFSORS I.VhA_ are SWid 9CCUPa e# the 401 1 Sh-,II net .,.J ^ ^ family as de -fined- ubseetie -. (A) of this Seetae.A. 4. E. Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. 21.90.080 Single-family dwelling (unit). Single-family dwelling (and single-family dwelling unit) means a detached building used by ^^^ fan4y configured as described herein and occupied or intended to be occupied by one family, limited to one per lot. A single-family dwelling shall be limited to one mailbox, electric meter, gas meter, and water meter. It will also have common access to and common use of all living, kitchen, and eating areas within the dwelling unit. An additional mailbox can be added to the lot if it is associated with an accessory dwelling unit approved according to the requirements for an accessory dwelling unit found in Chapter ?0_?1 FCDC_ 1.20.22 Proposed amendments are shown with stFil(ethFeugh to denote text to be deleted and underline to denote text to be added. Packet Pg. 126 8.3.c specific. Angie Feser: Suggests calling it the Marsh Restoration Project. Chair Rosen: Asks for the members to vote. (all say aye or raise their hands) Motion to Recommend the 2022-2027 Capital Facilities Plan (CFP) & Capital Improvement Program (CIP) to City Council with the following recommendations: 1. That staff do their best to explain the funding aspect of the CFP to the public and explain why items are located where they are, particularly the Marsh Restoration Project and other projects that incorporate multiple components of the CFP. 2. That the City should establish a formal process to establish values and a vision of Edmonds that would be as part of, and lead, the Comprehensive Planning process. 3. Seek opportunities to shift monies or look for funding to move forward with projects that advance equity throughout the City. Motion passes 6-0. (Discussion on whether the motion includes the overall recommendation. Clarifies that it was part of the motion.) Chair Rosen: Closes this part of the agenda and thanks Rob, Angie, and Shannon. New Item- Code Amendment to Update Residential Occupancy Standards Chair Rosen: Asks Eric Engmann to introduce the item. Eric Engmann: Walks through the presentation. • This will be a code update that affects residential occupancy standards in the City. • Mentions the topics will cover the Senate Bill that requires these changes, non- compliant city code sections, and some potential solutions. Discusses Residential Occupancy Limits in general. • Limits the number of unrelated people living in a dwelling. • Started with tenement laws in the late 19th century to protect overcrowding • Such a part of planning that our zoning categories are based on these terms: single- family and multifamily. • This is an issue because it doesn't address 21 st century living or what a family really looks like. • There have been plenty of case law that has slowly removed the ability to set these Planning Board Minutes October 27, 2021 Page 19 Packet Pg. 127 8.3.c limits. Senate Bill (SB) 5235 • Bill passed by State in 2021 that prohibits cities from doing this with a few exceptions. • Cities can no longer regulate the number of unrelated persons occupying a home. • Cities often use this to limit other uses in residential zoning. Conflicting Edmonds Code Sections • The Edmonds definition for a family in ECDC 21.30.010 sets this limit to five unrelated persons living in a house. • Mentions many other definitions in the code are related to this family definition. Possible Solutions • Will remove these references per state law and look at other section that need updates • Will look for solutions to ensure single-family uses and zones are maintained. • Clarifies that the single-family zoning categories and uses will not be removed. Two Possible Approaches to the Updates • Highlights several options for new criteria • Includes limitations on the number of items that generally represent multifamily living, such as the number of mailboxes, gas meters, garbage collection areas, etc. • Can also include limitations on components of usage, such as having common access to living, sleeping, and cooking facilities. • Mentions that these are just options but not necessarily ones that staff will propose. • Staff is currently working with the legal team to ensure that the recommendations are well vetted. Rob Chave: Further clarifies that staff will be looking more toward measurable things rather than things like lease arrangements. Eric Engmann: Mentions staff will come back in about a month with draft recommendations. Also discusses the webpage on www.edmondswa.gov/codeupdates that covers this issue and allows people to sign up for notifications. Board Discussion on this Item. Chair Rosen: Opens it up to Board questions. Judi Gladstone: Asks what other places, not just locally, are doing to deal with this. Talks about the challenge with trying to regulate the many living arrangements in the single-family defined residences. Planning Board Minutes October 27, 2021 Page 20 Packet Pg. 128 8.3.c Eric Engmann: Mentions these limits are still used by the vast majority of the country. • Many cities that have looked at this, have done so to remove single-family zoning districts. • There are very few examples of things done between those two ideas. • Even with this new state law, most Washington cities haven't updated this code yet. Vice Chair Crank: Talks about her experience and some recommendations. • Would recommend having directed messages to renters and property owners that rent. • Mentions common area standards would be easier to include. • Discusses using limitations on things like mailboxes or water meters. • Talks about all of the 21 st century living arrangements that make this needed. Judi Gladstone: Mentions multigenerational households and how that will continue to grow. Vice Chair Crank: Mentions single people with a mortgage that will rely on others living there to make those mortgage payments. Eric Engmann: Recommends that the Board start thinking about scenarios can be tested against the draft recommendations in the next session. New Item- Student Representative to the Planning Board Chair Rosen: Introduces the next topic. • Mentions there was an application for student rep from Lily Distelhorst. • Talks about her application and her desire to learn more about urban planning. • The Chair and Vice Chair met with her. Rob Chave: Mentions Lily has been in the audience all night. Vice Chair Crank: Says she had a great meeting with her and asks if she would like to talk. Lily Distelhorst: Introduces herself. • Currently a sophomore in high school. Looking at majoring in Urban Planning. Passionate about affordable housing and public transit. Chair Rosen: Makes a motion that Lily become the student representative to the Board. (Motion and Seconded) Affirmation is unanimous. All welcome her to the Board. Chair Rosen: Mentions she will be getting a city email address and will receive the packet. She can't vote but will be a great voice to the conversation. Planning Board Minutes October 27, 2021 Page 21 Packet Pg. 129 8.3.d AUDIENCE COMMENTS Natalie Seitz spoke regarding the PROS (Parks, Recreation, and Open Space) plan resources and the SR99 Corridor. She stressed that the City does not own the land that Mathay-Ballinger Park is on in its entirety. Its play structures are partially located on right-of-way, and modifications are only allowed through Temporary Limited Use Permit authorization from the Snohomish County Public Utility District (PUD). The PUD has the perpetual right to build an electrical substation that they are currently allowing park uses on. Since Highway 99 is an area of concern for utility upgrades, she is concerned about the limitations and risks to the only existing city park to serve the Highway 99 uptown area. She discussed multiple issues with this park and urged the City to work harder and invest in durable park resources to provide equity in this area. UNFINISHED BUSINESS A. Residential Occupancy Code Amendment Senior Planner Engmann continued a previous discussion on existing Residential Occupancy Limits standards and amendments that need to be made because of state legislation that happened this past year. He gave a recap of SB 5235 and the city's existing code section. SB 5235 prohibits local governments from limiting the number of unrelated persons occupying a home. There are some exceptions for short-term rentals, building code occupancy loads, and some group homes. SB 5235 also addressed owner requirements for Accessory Dwelling Units (ADUs), but this was vetoed by the governor. Regarding the portion limiting the number of unrelated persons occupying a home, the conflicting portions of Edmonds' code are in the Section A with the definition of "family" and Section D — Calculations in Single -Family Zones. The proposed draft would: • Remove residential occupancy limits (per state legislation) • Maintain limits on number of dwellings in single-family zoning • Shorten the definition of "Family" to include related or unrelated individuals c • Rely on the definition of a single-family dwelling to enforce the single-family component of it. m Strengthen structural/element requirements for single-family dwellings which doesn't rely on the people c that live inside the dwelling (one mailbox, water meter, gas meter ... common access to rooms) c • Maintain section that talks about Group Living and Exclusions from Family Definition. a • Maintain provisions limiting the rental of an ADU to either the primary house or the ADU c • Maintain provision allowing normal hosting activities N 06 • Strengthen the definition of Single -Family Dwelling Unit and add criteria to the definition. • Maintain the requirement for one family and one dwelling per lot E • Adds requirements to limit one mailbox, water meter, and gas meter and to have common access to and CD common use of all living, kitchen and eating areas In • Strengthen definition of Dwelling Unit so that it aligns better with the State's definition. A portion was 4 added that states that it includes: permanent provisions for living, sleeping, eating, cooking, and sanitation x • Remove exceptions for nurses and caregivers in Accessory Dwelling Unit section because this isn't w needed anymore • Maintain owner -occupancy requirement for ADUs • Remove exceptions in the density limitation for ADUs because these aren't needed anymore. a • Maintain density limits for ADUs Q Planning Board Meeting Minutes December 8, 2021 Page 2 of 7 Packet Pg. 130 8.3.d Board Member Pence referred to the criteria for determining a single-family dwelling, he noted that a limit on one kitchen is used in some jurisdictions. Regarding ADUs and mailboxes, he commented that it seems reasonable to allow a separate mailbox for the ADU. Mr. Engmann commented that a lot of modern homes have two kitchens so this could be problematic. Staff opted to use scenarios which are more common to all single-family dwellings. He noted it is likely that the ADU code will be coming to the Planning Board for review in the not -too -distant future so they can look at the mailbox regulations at that time. Board Member Pence asked how often the City must engage in enforcement actions regarding the number of people in a dwelling. Mr. Engmann replied that they often get calls, but it is usually related to a secondary issue like the number of cars. Chair Rosen referred to the section on owner occupancy and asked for more information about the ability to leave and or rent. Specifically, he wondered if VRBOs and the like were acceptable in Edmonds. Mr. Engmann replied that you can only rent out the main home or the ADU, but not both. Commissioner Gladstone asked for confirmation that a scenario with a senior and a caregiver would be covered under this definition. Mr. Engmann replied that it would be. Commissioner Gladstone asked why the criteria focused on water and gas but not electric. Mr. Engmann was not sure but noted they could add electric. Planning Manager Chave added that the City permits water and gas, but electrical is entirely done through the State; it would be much more difficult to get information. Commissioner Gladstone noted that some utilities (like water) like to have separate meters on ADUs. Mr. Engmann indicated they could look at that. Mr. Chave stated this provision has been in place for many years with no problems. Mr. Engmann commented that individuals may sign up for updates at www.edmondswa.gov/codgWdates. There was consensus to move forward with scheduling of a public hearing on this item. NEW BUSINESS Item B was addressed first because Commissioner Gladstone had to leave the meeting early. B. Election of Officers for 2022 COMMISSIONER PENCE NOMINATED ALICIA CRANK FOR CHAIR FOR 2022. CHAIR N ROSEN SECONDED THE MOTION. COMMISSIONER CRANK ACCEPTED THE N NOMINATION AND WAS ELECTED UNANIMOUSLY. o0 L CHAIR ROSEN NOMINATED ROGER PENCE FOR VICE CHAIR FOR 2022. THE MOTION WAS d SECONDED. COMMISSIONER PENCE ACCEPTED THE NOMINATION AND WAS ELECTED UNANIMOUSLY. A. Multifamily Design Standards: Intro and Scoping Exercise x Mr. Engmann explained this is a dual conversation with the Architectural Design Board. He introduced the code w amendment and the scoping/framework on the zoning. The three phases of the code amendment process are the E formation phase, the articulation phase, and the adoption phase. This topic is currently in the formation process where they create initial ideas, create objectives, establish an outreach plan, gather information have initial 2 Q Planning Board Meeting Minutes December 8, 2021 Page 3 of 7 Packet Pg. 131 8.3.e Greg Ferguson discussed environmental issues which he believes should be included in the PROS Plan. These include a Marsh Comprehensive Plan, climate change issues, water quality issues, and the impact of rising sea levels on marine parks. He asked that the PROS Plan be delayed until they can be addressed. Bernie Bush commented that there had been a previous discussion about putting the plans for the marsh under Parks; however, the PROS Plan shows no money allocated until 2023 or 2024. He asked what money would be used to leverage grants to purchase the property. He asked that this be determined as soon as possible. PUBLIC HEARING A. Code Amendment to Update Residential Occupancy Standards Mr. Engmann gave a recap of SB 5235, the related city code section, and the proposed code amendment. He summarized that SB 5235 would prohibit local governments from limiting the number of unrelated persons from occupying a home with a few exceptions. This has resulted in the need to revise the definition of family in Edmonds city code. The new definition says that "Family means individuals related or unrelated by genetics, adoption, or marriage living in a dwelling unit." The amendments would: • remove the residential occupancy limits; • strengthen structural/element requirements for single family dwellings such as one mailbox, water meter, gas meter ... common access to living, sleeping, cooking, eating areas; • maintain limits on number of dwellings in single family zoning districts; and • maintain restrictions on group homes Staff is recommending that the Planning Board decide whether to transmit the proposal to City Council for review and adoption. Board Member Questions: Board Member Gladstone asked why they didn't include electrical meters in the list of uses for structural/element requirements for single-family dwellings. Mr. Engmann explained that the City doesn't do electrical permits so it would not be easily checked or monitored. Board Member Gladstone expressed concern because this is one thing that is often metered separately. Water and gas are rarely metered separately. Vice Chair Pence commented he believes that ADUs should have the option of a separate mailbox. The public hearing was opened at 7:35 p.m. and public testimony was solicited. Seeing no public comments, the public hearing was closed at 7:36 p.m. s Board Discussion: w c Board Member Rosen expressed support for Board Member Gladstone's and Vice Chair Pence's comments. r a Planning Board Meeting Minutes January 12, 2022 Page 3 of 9 Packet Pg. 132 8.3.e Board Member Gladstone asked if, as they forward this to the City Council, they can recommend areas for the City Council to look at as part of their review. Chair Crank replied that they could. Board Member Gladstone asked that both of the issues that she and Vice Chair Pence raised be flagged for the City Council. Mr. Engmann summarized the Board's two recommendations: • Single family dwellings shall be limited to one electric meter, and • An additional mailbox may be permitted for an approved accessory dwelling unit. MOTION MADE BY BOARD MEMBER ROSEN, SECONDED BY BOARD MEMBER GLADSTONE, TO FORWARD THIS TO CITY COUNCIL WITH A RECOMMENDATION TO APPROVE WITH CONSIDERATION OF THOSE TWO POTENTIAL CHANGES. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS A. 2022 Parks, Recreation & Open Space (PROS) Draft Plan Parks Director Feser introduced this item. She was very happy to have members of the public reviewing the Plan and providing comment. Consultant Steve Duh from Conservation Technix made a PowerPoint presentation regarding the draft PROS Plan. He gave an overview of the Plan and steps to building it including inventory assessments, community engagement, system -wide needs assessment, goals and policies review, capital project planning, implementation and funding strategies, and plan review and approval. He discussed the project timeline and reviewed community feedback. Community feedback revealed that priority improvements to the park system included connecting gaps in the trail system and expanding trail connections, improving or upgrading existing parks and amenities, buying more conservation and open space lands, renovating or replacing the pool, and improving restroom facilities. In recreation programming, there was a strong interest in community events such as outdoor movies and Hazel Miller Plaza summer concerts. There was also continued and strong interest in outdoor programs, youth programs, and youth sports programs and camps. Mr. Duh reviewed the Plan structure and content. The contents included Introduction & Community Profile, Community Engagement, Goals & Objectives, Inventory & Classifications, Parks & Open Space, Recreation Programs & Facilities, Trails & Connections, Capital Projects & Implementation, and Appendices. System analysis used in the PROS Plan involved examining system gaps related to park access and distribution; physical accessibility; diversity of places and spaces; programs, events, and activities; serving today's residents; and planning for future growth. He reviewed approaches to analyzing service standards used in this Plan including acreage/population-based, distribution/proximity-based, and quality/condition. One of the recommendations of this Plan is to adjust the service standards to be more focused toward the community/neighborhood parks and the open spaces, realign standards for trails around the notion of connectivity, and reframe some of the calculations on active -use and open space. Some other metrics include discussion of current quality, distribution, and usage. Key recommendations include: Planning Board Meeting Minutes January 12, 2022 Page 4 of 9 Packet Pg. 133 Ov D �'V1 .y U� CITY OF EDMONDS ts1 18c)0 121 5TH AVENUE NORTH, EDMONDS, WA 98020 (425) 771-0220 DETERMINATION OF NONSIGNIFICANCE Description of proposal: The proposed code amendment addresses changes made by the 2021 0 Washington State Legislature in SB 5235, which removes the City's ability to set limits on the number of people living in a household. N The proposed amendment removes these specific occupancy limits that currently exist in the Edmonds Community Development Code (ECDC) under the definition for Families in ECDC 21.30.010 and replaces them with other criteria and standards to address how the single-family dwelling (structure) operates. Proponent: City of Edmonds a m Location of proposal, including street address if any: City Wide. 0 U Lead agency: City of Edmonds The lead agency for this proposal has determined that it does not have a probable significant adverse Q impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2)(c). This decision was made after review of a completed environmental checklist and U other information on file with the lead agency. This information is available to the public on request. The City of Edmonds has determined that the requirements for environmental analysis and protection have been adequately addressed in the development regulations and comprehensive plan adopted under -a chapter 36.70A RCW, and in other applicable local, state, or federal laws or rules, as provided by RCW 43.21C.240 and WAC 197-11-158 and/or mitigating measures have been applied that ensure no significant adverse impacts will be created. N There is no comment period for this DNS. This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no v further comment period on the DNS. XX This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 z days from the date below. Comments must be submitted by February 24, 2022. o a Project Planner: Eric Engmann, Senior Planner a. w Responsible Official: Kernen Lien, Environmental Programs Manager > U Contact Information: City of Edmonds 1 121 5th Avenue North, Edmonds WA 980?0 425-771-0220 Q I ^ 7 V Date: February 10, 2022 Signature: r c XX You may appeal this determination to Kernen Lien, Environmental Programs Manager, at 121 N 5th Avenue North, Edmonds, WA 98020, by filing a written appeal citing the specific reasons for the appeal with the required appeal fee, adjacent property owners list and notarized affidavit form no later than March 3, 2022. You should be prepared to make specific factual objections. Contact Kernen Lien to read or ask about the procedures for SEPA appeals. Z XX Posted on February 10, 2022, at City Hall, Edmonds Public Library, and the Edmonds Public w Safety Building. Published in the Everett Herald. Emailed to the Department of Ecology SEPA Center (SEPAunit@ecy.wa.gov). E XX Distribute to "Checked" Agencies below. U The SEPA Checklist, DNS, and associated documents can be obtained online at a https://www.edmondswa.gov/services/public involvement/public notices/development notices under Page I oft SEPA DETERMINATION RESIDENTIAL OCCUPANCY CODE AMENDMENT AMD02021-0003 2/9/22 SEPA Packet Pg. 134 8.3.f permit number AMD2021-0003, by emailing the project planner (eric.engmann@edmondswa.gov), or by calling the City of Edmonds at 425-771-0220. Distribution List: This DNS and SEPA checklist were distributed to the following: N Applicant ❑ Parties of Record ❑ US Army Corps of Engineers ❑ US Fish and Wildlife ❑ Puget Sound Energy N Snohomish PUD ❑ Olympic View Water & Sewer ❑ Alderwood Water District N Edmonds School District ❑ Port of Edmonds N South County Fire ❑ Swedish Hospital ❑ Community Transit pc: File No. SEPA Notebook N Dept. of Ecology ❑ Dept. of Ecology - Shorelands ❑ Dept. of Natural Resources N Dept. of Commerce ❑ WSDOT ❑ WSDOT — Ferries ❑ Dept. of Fish & Wildlife ❑ Dept. of Health — Drinking Water ❑ Dept. of Arch. & Historic Pres. ❑ Dept. of Parks and Rec. Commission ❑ Puget Sound Clean Air Agency ❑ Puget Sound Regional Council ❑ Puget Sound Partnership N Tulalip Tribe N City of Everett N City of Lynnwood N City of Mountlake Terrace ❑ City of Mukilteo N City of Shoreline ❑ Town of Woodway ❑ Snohomish Co. Public Works ❑ Snohomish Co. PDS ❑ Snohomish Co. Health Dist. ❑ King County - Transit ❑ King County — Environ. Planning ❑ Other Page 2 of 2 SEPA DETERMINATION RESIDENTIAL OCCUPANCY CODE AMENDMENT AMD02021-0003 2/9/22. SEPA Packet Pg. 135 OF ED�O �a ##P71 Vt.,gCITY OF EDMONDS g ENVIRONMENTAL CHECKLIST Purpose of checklist. Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision -making process. The checklist questions apply to all parts ofyour proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non -projects) questions in Part B - Environmental Elements — that do not contribute meaningfully to the analysis of the proposal. A. Background 1. Name of proposed project, if applicable: Residential Occupancy Code Amendment 2. Name of applicant: City of Edmonds 3. Address and phone number of applicant and contact person: Eric Engmann, Senior Planner City of Edmonds 121 5t' Ave. N. Edmonds, WA 98020 8.3.f WAC 197-11-960 Environmental checklist guidance updated June 2011 Packet Pg. 136 8.3.f 4. Date checklist prepared: January 29, 2022 5. Agency requesting checklist: City of Edmonds 6. Proposed timing or schedule (including phasing, if applicable): The city sponsored amendment has been reviewed by the local Planning Board and is intended for review by the City Council in Spring 2022. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No further activity is planned at this time. Staff will monitor the outcomes of the proposed amendment and any new state legislation to see if any future amendments are necessary. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. No direct environmental information has been prepared for this proposed amendment. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No pendind applications or approvals would be affected. Once adopted, the proposed would apply all residential development within the City of Edmonds. Permit applications within the City of Edmonds would be processed according to the regulations and procedures in effect at the time the application was determined to be complete. 10. List any government approvals or permits that will be needed for your proposal, if known. 1) Review and determinations under the State Environmental Policy Act for non -project actions; and 2) Adoption by the Edmonds City Council. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) This is a non -project action for an amendment to the Edmonds Community Development Code (ECDC). The proposed code amendment (AMD2021-003) addresses changes made by the 2021 Washington State Legislature in SB 5235, which removes the City's ability to set limits on the number of people living in a household. The proposed amendment removes these specific occupancy limits that currently exist in the Edmonds Community Development Code (ECDC) under the definition for Families in ECDC 21.30.010, and replaces them with other criteria and standards to address how a single-family dwelling (structure) operates. This will ensure that the intent of single-family dwelling units and single-family zoning remains intact without limiting the number of people living in the household. io 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your x proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would w occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the d agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to z this checklist. U c� This is a citywide non -project action that will affect development throughout the City of Edmonds. a SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 2 of 15 Packet Pg. 137 8.3.f B. Environmental Elements 1. Earth a. General description of the site: (circle one): Flat, rolling, hilly, steep slopes, mountainous, other N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. b. What is the steepest slope on the site (approximate percent slope)? N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long- term commercial significance and whether the proposal results in removing any of these soils. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. £ Could erosion occur as a result of clearing, construction, or use? If so, generally describe. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildi ngs)? N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 2. Air to am a. What types of emissions to the air would result from the proposal during construction operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. �O N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. x w b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. z U N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. Q SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 3 of 15 Packet Pg. 138 8.3.f c. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 3. Water a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The City of Edmonds sits along the western shores of the Puget Sound and contains a number of relatively small streams including Willow Creek, Shellabarger Creek, Shell Creek, Hindley Creek, Northstream, Frutidale Creek, Perinville Creek, Meadowdale Creek and a number of smaller unnamed creeks. Portions of Lake Ballinger are also located within the City of Edmonds' jurisdiction. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. The 100-year flood plain is mapped for the City of Edmonds on the Snohomish County Federal Emergency Management Agency (FEMA) flood insurance rate maps. Within Edmonds, the 100-year flood plain is shown around the Edmonds Marsh, the Port of Edmonds, near the mouths of Shell Creek and Perrinville Creeks. The flood plan is also mapped around the shoreline of Lake Ballinger. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. b. Ground Water: io 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. w c d N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. E z U c� 2) Describe waste material that will be discharged into the ground from septic tanks or Q other sources, if any (for example: Domestic sewage; industrial, containing the SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 4 of 15 Packet Pg. 139 8.3.f following chemicals... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 2) Could waste materials enter ground or surface waters? If so, generally describe. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 4. Plants a. Check the types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass asture crop or grain Orchards, vineyards or other permanent crops. wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. b. What kind and amount of vegetation will be removed or altered? io N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. s x c. List threatened and endangered species known to be on or near the site. w c a) N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. E z U ca d. Proposed landscaping, use of native plants, or other measures to preserve or enhance Q vegetation on the site, if any: SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 5 of 15 Packet Pg. 140 8.3.f N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. e. List all noxious weeds and invasive species known to be on or near the site. Not applicable to a non -project action. S. Animals a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other Numerous fish and wildlife species depend on the Edmonds shoreline and adjacent shoreland habitats for either part or all of a life stage. Shellfish resources include clams, mussels, crab, and shrimp. Eight species of salmonids use nearshore areas of Puget Sound at some point in their life cycle. These include Chinook, chum, coho, sockeye, and pink salmon and sea -run cutthroat, steelhead, and bull trout. Birds with priority habitats that occur within the City include bald eagle, purple martin, and great blue heron. b. List any threatened and endangered species known to be on or near the site. Several federally listed threatened or endangered species that may inhabit marine waters or adjacent habitats within the City are identified in the State database The threatened marbled murelet are observed intermittently in inland Puget Sound waters; winter and summer surveys by WDFW conducted near Edmonds found no murrelets in winter and only a few birds in the Edmonds area in summer. Federally listed threatened fish species that may occur in or in the vicinity of Edmonds, including Puget Sound Chinook salmon and bull trout. Federally listed marine mammals (Steller sea lion and Puget Sound orcas) may be present in the Edmonds shore zone, but are not commonly observed. c. Is the site part of a migration route? If so, explain. The shoreline of Puget Sound provides a migratory route for salmon and the City of Edmonds is located within the Pacific Flyway, which is a flight corridor for migrating waterfowl and other birds. d. Proposed measures to preserve or enhance wildlife, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. e. List any invasive animal species known to be on or near the site. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 6 of 15 Packet Pg. 141 8.3.f b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. IM 1) Describe any known or possible contamination at the site from present or past uses. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 4) Describe special emergency services that might be required. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 5) Proposed measures to reduce or control environmental health hazards, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. h. Noise .N m 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? io N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. x w 2) What types and levels of noise would be created by or associated with the project on a c short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi- E cate what hours noise would come from the site. z U c� N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. Q SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 7 of 15 Packet Pg. 142 8.3.f 3) Proposed measures to reduce or control noise impacts, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. c 0 8. Land and Shoreline Use o a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. c No. The proposed non -project, non -site -specific action would not affect current land uses or nearby or adjacent d properties. E Single-family residential uses are relatively evenly dispersed throughout the city and occupy the majority of the d city's land use base. Approximately 3,100 acres, or 55 percent of the City's area is developed for single-family 0 residential uses. Higher density residential development (including apartments and condominiums) is primarily v located south and north of the downtown; in the vicinity of the Edmonds-Woodway High School site and Stevens Hospital; and adjacent to 196th Street, 76th Avenue and Highway 99. Together, single-family and multi -family residential units comprise approximately 3,400 acres (nearly 60 percent of the total land in the city). Commercial activity is concentrated in two principal areas -- the Downtown/Waterfront and the Highway 99 corridor (which includes the retail and medical development in the vicinity of Swedish Hospital). Smaller O commercial nodes that primarily serve adjacent neighborhoods are located at the intersection of Edmonds Way Fa (SR104) and 100th Avenue/9th Avenue (Westgate) and at212th Street/84th Avenue (5 Corners). The Port of Edmonds is located in the southern portion of the city's waterfront. The Port owns and manages 33 upland acres a as well as a small boat harbor and marina, with space for 1,000 boats (approximately I I acres). The Port's property is occupied by approximately 80 businesses including office uses located in Harbor Square. Approximately 258 acres of parks and open space lands are owned or operated by the City, while there are rn another 229 acres of County -owned parks and open space land in the Edmonds area. Regional parks and beaches figure prominently in the City, including Brackett's Landing North and South, the Edmonds Fishing Pier, U Edmonds Memorial Cemetery, Edmonds Underwater Park, Marina Beach Park, Olympic Beach Park, local tidelands, and the South County Senior Center. The Edmonds Marsh is a significant City -owned open space (23 M acres), while Yost Memorial Park is the largest community park owned by the City (4S acres). The largest Z County resources are Southwest County Park (120 acres) and Meadowdale Beach County Park (95 acres). Overall, approximately 96 percent of the city is developed. a w co, b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status a will be converted to nonfarm or nonforest use? O No. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, :r c such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: y m No. c. Describe any structures on the site. s w N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. c E z c� d. Will any structures be demolished? If so, what? Q SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 8 of 15 Packet Pg. 143 8.3.f N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. e. What is the current zoning classification of the site? N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. £ What is the current comprehensive plan designation of the site? N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. g. If applicable, what is the current shoreline master program designation of the site? N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. i. Approximately how many people would reside or work in the completed project? N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. j. Approximately how many people would the completed project displace? N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. k. Proposed measures to avoid or reduce displacement impacts, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. in. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, mid- dle, or low-income housing. SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 9 of 15 Packet Pg. 144 8.3.f N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. This is a measure intended to comply with State legislation in 2021 (SB 5235), which semoves a municipality's ability to regulate the number of unrelated occupants living in a household. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. c. Proposed measures to reduce or control housing impacts, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. b. What views in the immediate vicinity would be altered or obstructed? N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. c. Proposed measures to reduce or control aesthetic impacts, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. c. What existing off -site sources of light or glare may affect your proposal? 12 io N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. s x w d. Proposed measures to reduce or control light and glare impacts, if any: c d N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. z U c� a 12. Recreation SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 10 of 15 Packet Pg. 145 8.3.f a. What designated and informal recreational opportunities are in the immediate vicinity? The City of Edmonds has a number of recreational opportunities within its jurisdiction. The City of Edmonds Park Recreation and Open Space Plan identifies 9 neighborhood parks (24.85 acres),2 Community Parks (58.10 acres), 6 Regional Parks (17.05 acres), 15 Special Use Parks (19.77 acres), and 12 Open Space sites (69.21 acres). b. Would the proposed project displace any existing recreational uses? If so, describe. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 13. Historic and cultural preservation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers ? If so, specifically describe. There are numerous buildings through the City of Edmonds that are over 45 years. The City of Edmonds has a local historic register with 20 sites on the register. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. None known. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. s Edmonds is served by a series of state and local roads. SR 104 runs from the east at Interstate 5 through the ul southern part of Edmonds, ending at the State of Washington Ferry Terminal. SR 524 begins in Lynnwood at Interstate 5 and runs west through the center of Edmonds from the crest ofthe hill and down into the city center. Local roads provide access throughout Edmonds. These roads provide access for Community Transit, the z commuter bus service for South Snohomish County. Commuter Park and Ride lots are located throughout Edmonds and are served by Community Transit bus service. Q SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 11 of 15 Packet Pg. 146 8.3.f The rail lines along the Edmonds' shoreline are primarily used by BNSF for freight service, but also provide Amtrak passenger train service through Edmonds. Sound Transit provides daily commuter service to and from Seattle. Washington State Ferries operates ferry service from Edmonds to Kingston providing access to the Olympic Peninsula. This is one of the busiest commuter ferry terminals in Puget Sound, as well as one of the major access points from the east side of Puget Sound to the west. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? The City of Edmonds is served by Community Transit bus service, Washington State ferries, Sound Transit commuter rail and Amtrak passenger train service. c. How many additional parking spaces would the completed project or non -project proposal have? How many would the project or proposal eliminate? N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? The proposal is a non -project, non -site -specific action that would take effect City-wide. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. h. Proposed measures to reduce or control transportation impacts, if any: N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. io 15. Public Services s x w a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. E z U c� No. Q SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 12 of 15 Packet Pg. 147 8.3.f b. Proposed measures to reduce or control direct impacts on public services, if any. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other The City of Edmonds is served by all the utilities identified above. While a few septic systems may still be in service in Edmonds, that vast majority of the City's residences are connected to a sanitary sewer system. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. N/A - The proposal is a non -project, non -site -specific action that would take effect City-wide. C. Signature The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Name of signee Eric Engmann, AICP Position and Agency/Organization Senior Planner, City of Edmonds Date Submitted: 9/13/2021 D. Supplemental sheet for nonproject actions Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; pro-duction, storage, or release of toxic or hazardous substances; or production of noise? The proposal would not directly increase discharges to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise. The code amendment does not increase the number of housing 4O units that will be built, it only removes calculations that put limits on unrelated people living in a household. s x All development and redevelopment within the City of Edmonds would be subject to applicable local, state and w federal regulatory requirements, including building code, fire code, and storm water, in addition to the provisions of critical area regulations (where applicable). E Proposed measures to avoid or reduce such increases are: z a SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 13 of 15 Packet Pg. 148 8.3.f The City has a variety of environmental policies and regulations governing these potential impacts, including SEPA, critical areas, Shorelines, and public works standards. Specific projects, whether public or private, must comply with the applicable environmental regulations and review processes. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposed amendment would have a neutral to positive affect on plants, animals, fish, and marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life are: The City has a variety of environmental policies and regulations governing these potential impacts, including SEPA, critical areas, Shorelines, and public works standards. Specific projects, whether public or private, must comply with the applicable environmental regulations and review processes. 3. How would the proposal be likely to deplete energy or natural resources? The proposed amendment will not deplete energy or natural resources. Proposed measures to protect or conserve energy and natural resources are: The City has a variety of environmental policies and regulations governing these potential impacts, including SEPA, critical areas, Shorelines, and public works standards. Specific projects, whether public or private, must comply with the applicable environmental regulations and review processes. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposed code amendment will not likely use or affect environmentally sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are: The City has a variety of environmental policies and regulations governing these potential impacts, including SEPA, critical areas, Shorelines, and public works standards. Specific projects, whether public or private, must comply with the applicable environmental regulations and review processes. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposed code amendment will not likely affect land and shoreline uses. It will not allow or encourage land or y shoreline uses incompatible with existing plans. Proposed measures to avoid or reduce shoreline and land use impacts are: The City has adopted a Shoreline Master Plan (SMP) that guides development within shoreline jurisdiction. The s w SMP allows most uses that are allowed by the underlying zoning provided they are developed consistent with the SMP's development standards. The SMP would not allow any new uses in the shoreline that are not currently allowed. z cW 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Q SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 14 of 15 Packet Pg. 149 8.3.f The proposed amendment will not likely increase transportation demand. It will simply reevaluate the definition of a family and how it operates. Proposed measures to reduce or respond to such demand(s) are: The City has adopted a Transportation Plan and follows all regulations to address transportation, public services, and utilities within the City. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. This proposed code amendment will not likely conflict with laws or requirements for the protection of the environment. Any new development will be subject to all applicable laws and regulations to protect the environment. None of the provisions of this code amendment would allow a development to avoid or reduce environmental regulations. SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 15 of 15 Packet Pg. 150 8.4 City Council Agenda Item Meeting Date: 04/5/2022 Special Event Permits and Amendments to ECC Title 4 Licenses Staff Lead: City Clerk Department: City Clerk's Office Preparer: Scott Passey Background/History The City of Edmonds has administered a special event permit program for many years, although there is no adopted city code outlining the process or criteria governing the issuance of special event permits. This proposal was presented in the Public Safety, Personnel and Planning Committee on September 14, 2021. The Committee recommended that it be presented to the full council and a future meeting. Staff Recommendation Consideration of an ordinance codifying the special event permit program in the Edmonds City Code (ECC) and amending various code provisions in ECC Title 4 Licenses. Passage of a resolution adopting a new City Fee Schedule to add fees relating to special event permits. Narrative It is the purpose of the City to establish a formal process for permitting special events that impact city right-of-way, public property and other facilities or services. It is recognized that these special events enhance the City of Edmonds community and provide benefits to the citizens through the creation of venues for expression and entertainment that are not normally provided as a part of governmental services. Staff is proposing a new chapter to Title 4 to be known as Chapter 4.100 (Special Event Permits) to provide a clear and efficient process for permitting special events within the City. This Chapter is intended to supplement land use and street right-of-way regulations, to provide a coordinated process for the regulation of certain activities to be conducted in conjunction with special events, and to ensure that the impacts of the special event do not unduly impact the public's health, safety or welfare. It is further intended to protect and preserve public infrastructure and city resources, prevent unplanned disruption of public services, mitigate impacts to the extent feasible and to create a mechanism for cost recovery without having an adverse effect on those events that contribute to the community. In addition to adding a new Special Events section, some sections of Title 4 are proposed for repeal and others have been refined to reflect that licenses are reviewed through the business license application process. There are also changes to ECC 4.72 Business Licenses to reflect the city's partnership with the State of Washington Department of Licensing. Finally, Chapter 4.98 Constitutionally Protected Events, has been updated to address the need for flexibility regarding certain constitutionally protected spontaneous demonstrations. Packet Pg. 151 8.4 If the Council adopts the new special event permit code, staff recommends adoption of a resolution adding permit fees to the City's Fee Schedule, consistent with the policy of recovering costs associated with reviewing and issuing city permits. Attachments: Draft Special Events Permits Code Draft Ordinance Amending Title 4 ECC Licenses Resolution amending Fee Schedule related to Special Event Permits PSPP091421 Packet Pg. 152 8.4.a Special Events Permits Code 4.100.010 Purpose. 4.100.020 Definitions. 4.100.030 General provisions applicable to all special events. 4.100.040 Permit applications. 4.100.050 Indemnification. 4.100.060 Insurance. 4.100.070 Permit decision. 4.100.080 Appeal of permit decision. 4.100.090 Reimbursement of fees for city sponsored events. 4.100.100 Cleanup deposit. 4.100.110 Suspension and revocation. 4.100.120 Exercise of police power. 4.100.130 Violation — Penalties. 4.100.010 Purpose. It is the purpose of the City to establish a process for permitting special events that impact city right-of- way, public property and other facilities or services. It is recognized that these special events enhance the City of Edmonds community and provide benefits to the citizens through the creation of venues for expression and entertainment that are not normally provided as a part of governmental services. This Chapter is intended to supplement land use and street right-of-way regulations, to provide a coordinated process for the regulation of certain activities to be conducted in conjunction with special events, and to ensure that the impacts of the special event do not unduly impact the public's health, safety or welfare. It is further intended to protect and preserve public infrastructure and city resources, prevent unplanned disruption of public services, mitigate impacts to the extent feasible and to create a mechanism for cost recovery without having an adverse effect on those events that contribute to the community. 4.100.020 Definitions. A. "City sponsored event" means a special event for which the city provides some level of sponsorship and/or support to the primary event organizer/sponsor through the use of city funds, equipment, and/or other city resources that is not a "city contracted event." City sponsored events may also be special events that are organized and sponsored in full by the City of Edmonds. Reimbursement for city resources may be required. B. "City contracted event" means a special event that typically takes places on an ongoing annual basis and for which the City and the event organizer/sponsor enter into an event contract to apportion responsibility for the event, thereby eliminating the need for the event organizer/sponsor to obtain a special event permit under this Chapter. Such events may be sponsored in part by the city. Examples of city contracted events include the Garden Market/Summer Market, Edmonds Arts Festival, 4th of July celebration, Octoberfest, and Taste Edmonds. C. "Commercial special event" means an activity or occurrence sponsored and operated by one or more businesses that is conducted primarily for the exchange of goods or services for financial gain. Commercial special events typically occur upon private property. Examples of commercial special events include parking lot sales and tent sales, promotional events, and sidewalk sales. Packet Pg. 153 8.4.a D. "Emergency response plan" means a plan detailing the expected actions of event management and/or public safety agencies in the event or threat of an emergency. E. "Expressive event" or "Constitutionally protected event" means an activity or occurrence in which the sole or principal purpose is the expression, dissemination, or communication of political or religious opinion, views or ideas, and for which no fee or donation is charged or required as a condition of participation or attendance. Examples of expressive special events include political rallies, marches, public speeches, and political demonstrations. These events are regulated by Chapter 4.98. F. "Fire marshal" means the city of Edmonds fire marshal or designee. G. "Parade" means a type of special event involving an organized procession or march of more than 25 persons or 25 objects, or any combination thereof amounting to 25, that temporarily disrupts the general public's normal use of public streets or sidewalks. H. "Person" means an individual, corporation, partnership, incorporated or unincorporated association, organization, or other entity or group of persons, however organized. I. "Private" or "private event" means an event where persons are specifically and individually invited. It does not include an event where tickets, invitations, or announcements are available to the public. J. "Public" or "public event" means a special event open to the public, and includes an event where tickets, invitations, or announcements are available to the public. K. "Public amusement" means circuses, carnivals, motion picture shows, exhibitions, concerts, side shows, plays and other stage shows, amusement parks and any other form of diversion, pastime or recreation conducted for and open to the public regardless of whether an admission fee or other charge is made for attendance; provided, however, that nothing herein shall require the licensing and inspection of an activity conducted under the auspices of a bona fide, accredited elementary school, middle school, high school or college and conducted on the premises thereof in facilities previously inspected and approved for public assembly. L. "Right-of-way" means, within the City of Edmonds, all public right-of-way and property granted or reserved for, or dedicated to, public use for street purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, paths, trails, sidewalks, and bikeways, whether improved, unimproved, or unopened, including the air rights, sub -surface rights and easements related thereto, and over which the City of Edmonds has authority and control. M. "Run" or "race" means a type of special event involving any race, contest or event, whether of a competitive or a noncompetitive nature, involving a procession of persons, whether afoot or upon any vehicle or device propelled by the human body, including but not limited to marathons, fun runs, walkathons, and bicycle races. N. "Security" means employees, or other hired personnel, dedicated to maintaining order and ensuring compliance with the laws of the state of Washington and ordinances of the city of Edmonds. O. "Site" has the same meaning as set forth in ECDC 21.90.090, as now or hereafter amended, and in addition in the case of undeveloped property, a land area under common ownership, whether the land area is comprised of one lot, a combination of contiguous lots, or contiguous fractions of lots. P. "Special events" include any event which is to be conducted on public property or in a public right-of- way; and also, any event held on private property which would have a direct significant impact on: (a) Packet Pg. 154 8.4.a traffic circulation to and from the event over public streets or rights -of -way; (b) public streets or rights -of - way near the event, or (c) the need for city -provided emergency services, such as police, fire or medical aid, as determined by the city. It is presumed that any event on private property which involves: (i) an open invitation to the public to attend; or (b) anticipated attendance by private invitation of 100 or more people is an event that will have a direct significant impact on the public streets, rights -of -way or emergency services. Special events may include, but are not limited to: fun runs and walks, auctions, parades, carnivals, exhibitions, film/movie events, circuses, outdoor markets, and fairs. Q. "Tent" means a temporary membrane structure or shelter, such as pop-up canopies, sails, and the like, as defined in the current editions of the fire and building codes. 4.100.030 General provisions applicable to all special events. A. Permit Required. Any person desiring to conduct or operate a special event within the City of Edmonds shall first obtain a special event permit from the city, unless specifically exempt. It shall be unlawful for any person to sponsor or conduct an event or activity requiring a special event permit without a valid special event permit. Penalties for violation of the terms of this chapter shall be as specified by this chapter. B. Consistency with Permit and Law. A special event shall be conducted as described by the special event permit, in accordance with the terms and conditions of the permit and in accordance with applicable laws and regulations. C. Public and Personal Safety. The configuration and operation of special events shall conform to applicable laws and regulations, including provisions relating to emergency ingress and egress, barrier -free facilities, fire prevention, health and sanitation, and the operation of vehicles and equipment. D. Business Licenses and Taxes. As required by applicable law, special event businesses/vendors shall have City of Edmonds business licenses and shall record, report and remit taxes. E. Exemptions. The following activities and occurrences shall comply with applicable laws and regulations, but are exempt from the permit requirements of this chapter: 1. City contracted events. 2. Funerals and wedding processions. 3. Garage sales and rummage sales. 4. Neighborhood block parties. 5. Special event facilities. Events conducted at a facility designed for special event purposes or at facilities where such events are normally held, such as churches, event centers, convention centers, schools, athletic fields, auditoriums, stadiums, theaters, and the like. 6. Governmental activities. Activities conducted by a governmental agency acting within the scope of its authority. 7. Regularly scheduled events utilizing park and recreation facilities, in accordance with the intended use of the facility, and with park rules and policies. Packet Pg. 155 8.4.a 8. A privately scheduled, non -reoccurring event upon private property in a residential zone with up to 100 persons attending. 9. The temporary sale of seasonal goods when regulated by other statutes, such as Christmas tree sales, and peddling of farm produce. 10. Expressive events (but see Chapter 4.98 for regulations pertaining to expressive events). F. Signs. 1. With a special event permit application, applicants may request, and the appropriate director or designee that would otherwise authorize such signage may authorize, the use of temporary on -site (on -premises) and off -site (off -premises) signs. 2. Special event signs shall not be detrimental to the public health, safety or welfare, nor injurious to property or improvements in the vicinity of the sign. Signs shall not obstruct visibility for motorists and pedestrians, nor impede access to buildings or property. The installation of signs upon public property shall be subject to inspection by the building official and/or city engineer. 3. The applicant shall be responsible for installation, maintenance, and removal of all signs. 4.100.040 Permit applications. A. The administrative services director or designee is authorized to prepare and maintain necessary application forms and may issue written administrative policies and procedures as needed for the implementation of this chapter. B. Applications for special event permits shall be submitted to the administrative services director or designee, a minimum of 60 days prior to a small event (less than 100 people) and a minimum of 90 days prior to a major event (more than 100 people). If an event organizer fails to meet these timelines, the application may still be processed if all affected departments agree to process the application within the shortened timeframe. Factors in determining whether to allow for processing a late application will include the impact on city resources and rights -of -way, and conflicts with other already scheduled events. C. Applications for special event permits shall include written authorization of the property owner. For special events proposed upon city -owned property, the approval of a special event permit application shall constitute city authorization to conduct the event upon the property described in the permit application. D. Applications for special event permits shall be on forms prepared by the administrative services director or designee and shall include information that any city department processing the application deems necessary in the interest of the public health, safety and welfare to enable it to review the application. The information requested shall enable the city to assess the scope of the event so as to evaluate the impact of the event on city resources and the community. E. Application fee(s) for special event permits are set forth in the City's adopted fee schedule. 4.100.050 Indemnification. Prior to the issuance of a permit for a special event, the permit applicant and authorized officer of the sponsoring organization must agree to reimburse the city for any costs incurred by it in repairing damage to city property and indemnify and defend the city, its officers, employees, and agents from all causes of Packet Pg. 156 8.4.a action, claims or liabilities occurring in connection with the permitted event, except those which occur due to the city's sole negligence. 4.100.060 Insurance. Prior to the issuance of a permit for a special event, the permit applicant shall comply with the following insurance requirements: (1) The permit applicant shall obtain commercial general liability insurance in amounts acceptable to the city attorney's office. (2) Written proof of such insurance is required prior to permit issuance. The insurance policy shall be written on an occurrence basis, shall name the city as an additional insured using ISO form CG 20 26, or coverage at least as broad, and shall be written for a period that includes the timeframe for both the set-up before and the clean-up following the completion of the event. The applicant shall provide the city and all additional insureds for this event with written notice of any policy cancellation within two (2) business days of their receipt of such notice. (3) Liquor Liability Coverage. Liquor liability coverage must be obtained when liquor is served as a part of a special event permitted under this chapter. (a) A vendor hired by the special event permittee to serve liquor must provide evidence of liquor liability coverage in amounts acceptable to the city attorney's office, naming the city as additional insured. This insurance coverage is in addition to the special event permittee's overall general liability requirement. (b) A special event permittee serving liquor directly shall obtain host liquor coverage as a part of providing commercial general liability insurance per subsection (1) of this section. 4.100.070 Permit decision. A. After receiving a completed application in conformance with this chapter, along with the non-refundable permit application fee, the administrative services director or designee shall consult with all affected divisions or departments, such as Building, Planning, Engineering, Police, Fire, Public Works, Parks and Recreation, Finance, and Risk Management. Following consultation with all affected departments and divisions, the administrative services director or designee may approve, conditionally approve, or deny an application for a special event permit based upon the provisions of this chapter. When an application is conditionally approved or denied, the administrative services director or designee shall provide written explanation of the grounds for the conditions of approval or denial, and the applicant's right of appeal pursuant to the provisions of this chapter. B. Decision criteria. A permit may be issued to an applicant only if all the following criteria and conditions for issuance are met: 1. The special event will not be detrimental to the public health, safety, or welfare; 2. The special event will not be injurious to property or improvements in the immediate vicinity of the special event; 3. The special event will not endanger participants, spectators, or the public; Packet Pg. 157 8.4.a 4. The special event has a traffic management plan or other adequate and appropriate measures in place to mitigate any traffic safety and mobility issues, including for both vehicles and pedestrians; 5. Adequate and appropriate sanitation and refuse facilities are planned; 6. The special event has adequate and appropriate measures in place to ensure the safe movement, assemblage and dispersion of people attending the event. Such measures may include the use of safety guardrails, fences, ropes, barricades, and the like; 7. The special event will not cause excessive or harmful fumes, odor, smoke, noise or light and must be consistent with Chapter 5.30 entitled "Noise Abatement and Control"; 8. The special event will provide for the appropriate collection and disposal of waste, recycling, and compostables; 9. Adequate plans exist to return the area or routes impacted by the special event to the same condition or cleanliness as existed prior to the event; 10. Applicant has agreed to the indemnity and hold harmless provisions in the application; 11. Applicant has provided proof of the requisite insurance provisions in the application; 12. For city sponsored events, applicant has agreed to reimburse the city for the provision of additional city services, including but not limited to the employment of police officers to direct or block pedestrian or vehicular traffic, or the provisions of standby aid car or fire protection services, as required. 4.100.080 Appeal of permit decision. Decisions of the administrative services director or designee are appealable. An appeal of the administrative services director or designee's decision related to application of this chapter may be filed with the administrative services director or designee within 10 business days of notification of the decision. Such appeal shall be filed and processed in accordance with the appeal provisions for business licenses as provided by Chapter 4.72. The appeal filing fee shall be as specified by the fee schedule. 4.100.090 Reimbursement of fees for city sponsored events. A. Upon approval of a special event permit application for a city sponsored event, the administrative services director or designee shall provide the applicant with a statement of the estimated cost of providing city resources, such as personnel and equipment, for the special event, if applicable. The applicant/sponsor of the event may be required to prepay these estimated costs ten (10) days prior to the special event. The special event application fee per the fee schedule adopted by resolution of the city council is a separate processing fee and is not applicable to the city services fees. City resources may include the use of police officers and public employees for traffic and crowd control; pickup and delivery of traffic control devices, picnic tables, and the like; extraordinary street sweeping; and any other needed, requested or required city service, along with the cost of operating any equipment needed to provide such services. B. If the actual cost for the use of city resources on the date(s) of the city sponsored event is less than the estimated cost, the applicant/sponsor will be refunded the difference by the city in a timely manner. If the actual cost for the use of city resources on the date(s) of the city sponsored event is greater than the estimated Packet Pg. 158 8.4.a cost, the city will invoice the applicant/sponsor for the difference, and the invoice shall be paid in a timely manner. C. Permit fees and fees for the use of city resources may be waived in part or in full by the city if, in review of the application, it is found that the city sponsored event is of sufficient public benefit to warrant the expenditure of city funds without reimbursement by the applicant/sponsor and would not result in the private financial gain of any individual or "for -profit" entity. 4.100.100 Cleanup deposit. A. The applicant/sponsor of a special event likely to create a substantial need for cleanup may be required to provide a cleanup deposit prior to the issuance of a special event permit. B. The cleanup deposit may be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event within twenty-four (24) hours after the conclusion of the event. C. If the property used for the event has not been properly cleaned or restored within twenty-four (24) hours after the conclusion of the event, the applicant/sponsor shall be invoiced for the actual cost to the city for cleanup and restoration, which invoice shall be paid in a timely manner. The cleanup deposit shall be applied toward the payment of the invoice. 4.100.110. Suspension and revocation. A. In instances in which the special event does not comply with the provisions of this chapter, the terms and conditions of the approved permit, or other applicable law, the administrative services director or designee may suspend or revoke an approved special event permit with the issuance of written findings. B. When necessary to prevent serious injury to persons, property or the public peace, health, safety or welfare, the administrative services director or designee, fire marshal, building official, development services director or chief of police, or the designee of each, may suspend or revoke an approved special event permit effective immediately. The city official or designee shall deliver written notice of suspension or revocation to the permit applicant/event sponsor or manager. 4.100.120 Exercise of police power. This chapter is enacted as an exercise of the city's police powers and shall not be construed to impose any duty owed by the city to any permittee under this chapter or to any member of the public, nor shall any permit be construed as waiver of any violation of the laws of the city. 4.100.130 Violation — Penalties. A. It shall be a misdemeanor for any person to violate any of the provisions of this chapter or the conditions imposed upon any permit issued hereunder, which shall be punishable by a fine not to exceed one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days. Each day, or part thereof, during which any such violations occur or are continued, shall constitute a separate offense. B. In addition, permits issued hereunder shall be subject to suspension or revocation as provided herein, and civil abatement proceedings as set forth in Chapter 20.110 ECDC. Packet Pg. 159 8.4.a C. In addition, or alternatively, any person violating the provisions of this chapter or the conditions of any permit issued hereunder shall also subject the permittee to a daily civil penalty in the amount specified by Chapter 20.110 ECDC. D. In addition, or alternatively, any person violating the provisions of the chapter or the conditions of any permit issued hereunder may forfeit their right to hold a special event in the city. Packet Pg. 160 8.4.b ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE REPEAL OF OR AMENDMENT TO CERTAIN CHAPTERS OF TITLE 4 ECC (LICENSES) AND FOR THE ADOPTION OF A NEW CHAPTER TO TITLE 4 ECC RELATING TO SPECIAL EVENT PERMITS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edmonds has determined that certain Chapters of Title 4 ECC (Licenses) are obsolete and are no longer required to be maintained in the code; and WHEREAS, the City Council has determined that certain revisions to Chapters 4.12 (Peddlers, Solicitors and Street Vendors), 4.52 (Regulations for Adult Entertainment Facilities), 4.68 (Community Antenna Televisions Systems), 4.72 (Business License), 4.90 (Public Markets), and 4.98 (Constitutionally Protected Events) are needed to clarify City requirements, to reflect the repeal of other sections of Title 4, and to address the need for flexibility regarding certain constitutionally protected spontaneous demonstrations; and WHEREAS, the City Council has determined that a new chapter to Title 4 to be known as Chapter 4.100 (Special Event Permits) is needed to provide a clear and efficient process for permitting special events within the City for the benefit of its citizens; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the following Chapters of Title 4 ECC (Licenses) are hereby repealed in their entirety: 4.11 (Motor Vehicle Wreckers); 4.22 (Malt Liquor by the Keg); 4.24 (Game Licenses); 4.32 (Public Amusements); 4.40 (Public Dances); 4.44 (Teen Dance Halls); 4.48 (Cabaret Dances); 4.50 (Licensing of Public Massage Parlors and Public Bathhouses); 4.56 (Sound Trucks); 4.60 (Taxicabs); 4.75 (Pawnbrokers); 4.80 (Aircraft Landing Permits); and 4.85 (Horse Taxis). Packet Pg. 161 8.4.b Section 2. Chapter 4.12 ECC (Peddlers, Solicitors and Street Vendors) is hereby amended to read as follows (new text is shown in underline; deleted text is shown in stfike thfough): 4.12.010 Definitions. A. "Solicitor" or "peddler" means any person who shall sell, offer for or expose for sale, or who shall trade, deal or traffic in any goods or services in the city by going from house to house or from place to place or by indiscriminately approaching individuals. 1. Sales by sample or for future delivery, and executory contracts of sale by solicitors or peddlers are included; provided, however, that this section shall not be deemed applicable to any salesman or canvasser who solicits trade from wholesale or retail dealers in the city. 2. Any person who, while selling or offering for sale any goods, services or anything of value, stands in a doorway, any unenclosed vacant lot, parcel of land, or in any other place not used by such person as a permanent place of business shall be deemed a solicitor or peddler within the meaning of this chapter, except as noted in subsection (B) of this section. B. "Street vendor" means any person who shall sell food, flowers, nonalcoholic beverages only, and/or other goods or services from either a motorized or nonmotorized mobile vending unit. C. "Motorized mobile vending unit" means a truck, van or other motorized vehicle that incorporates a kitchen or other food preparation area from which prepared or prepackaged food may be sold. D. "Nonmotorized mobile vending unit" means a cart, kiosk or other device capable of being pushed by one person, with at least two functional wheels and positive wheel -locking devices. 4.12.020 License required. A. It shall be unlawful for any person to act as solicitor, peddler or street vendor within the meaning and application of this chapter unless that person or his/her employer shall have first secured a Ci1y of Edmonds business license in manner- pr-evided in this lieense required by as required under Chapter 4.72 ECC. 1. Any person who shall sell, deliver or peddle any dairy product, meat, poultry, eel, fish, mollusk, or shellfish must first obtain a license pursuant to this chapter. 2. No licenses shall be issued or maintained for the sale of poultry or poultry products or meat or meat products which are adulterated or distributed under unsanitary conditions. 3. No licenses shall be issued for the sale of shellfish unless the vendor can produce a certificate of compliance as required by RCW 69.30.020. B. All persons acting as a solicitor, peddler or street vendor shall comply with all laws, ordinances and regulations, including all Snohomish County health department requirements. Packet Pg. 162 8.4.b C. All solicitors, peddlers or street vendors must report any sales made within the city of Edmonds to the Department of Revenue as sales that have occurred within the city. The lieense fees for- selieiter-s, peddlers or- street Neader-s shall be as �911ews: I' .111r " 11 • �� All No AWN. !El�iLf!fs !!�!1fl4!• ems= w am N C d t� J N r+ F- LU O N r C 1v E C d E a to E L a) a c m w m a CO m to C d C� J <.i U W d r� H r� Q Packet Pg. 163 8.4.b be�ween the Edmonds the Por-t Edmonds the eity of or- of and another- entiVy, sUeh as aAs , FE)tn4h July fir-ewor-ks, Taste Edmonds, stimmer- maf4Eet, of par-ade and of a -ad elassie ear- show. C J N their- identifleation by r+ exempt stattis along with photo upon request a pr-OspeetiVe e:UstE)Mef H law enforcement officer; U W O N r health ,list.-i,.t 0 0 0 �.ts Gl C d 4.12.040 License applieation information required-. E a A. Any firm desiring to ) per -son, or other organization seeure a solicitor's, peddler's of , and stieh follows:1. c m The name, addfess and telephone number- of the pr-ineipal applieant, firm or- other- > organization; in the the the has the last two m a event 'applieant name or address of ehanged within yeafs,Coname .. and address ever- the last two year- period pr-eeeding the most r-eeefit; m N 3. The the to be by C natufe or- ehafaetef of goods, war -es, mefehandise of sefvi.ees offered eaeh- ipal C� ' J <.i 4. A list th U ef —inally eentempla4ing solieita4ion, peddling of street vending within- Wthe Edmonds, the information in this to eity of and r-eqttir-ed subseetion (B) of seetieft as eaeh, r� H5. The telephone home) the individual name, address and atimber- (btisiness and of aefing as For- 1e the Edmonds to eaeh pefson solieiting, peddling E)r- street vending wit -kin e4y of ptir-stia-at a L independent employee,B. ++ by the ..its, shall sot forth t -son the following: 0c1 provided and as each such per G t l�ev n o ��v�n }p�1 y ddress�eCV1 a Packet Pg. 164 8.4.b 2. The telephone the fifm holding name, address and number- o� per -son, or- other- or-ganiza4ion ipal 0 0. m the t.,. Vl 3 His or- her- age and gefiefal pe „1 ,lo.,,.Fiptioo o .-oa by e , C d t� J the e ty i the . f ,- an N plie.,tio ; H G U Sueh other- ifi f,,-.-.-.a4ion as r-easonably required by ,.;tom. ,. ffieials W O N baek-gr-otifid im,esfig4ion the Upon C of " ' Gl results of the investigation t the a ty elo -L. E C d D. if, the iwvestigation, the is found to have the E as a result of applieant not eommitted any of aets denial listed below, the the isso a requififig as eity elefk shall, ttpon payment of prescribed N Committed fraud • any act eonsisting of or misrepresentation; L w IL c o t f r e e; >W o been felony difeedy to- years, eonvieted of a misdemeanor- of felating e. , CO but not limited to, those misdefneafiefs and felonies iffi,olving moral , m C d C� 4. Been felony the type defined in t J ehafged with a misdemeanor- or- ef subseetien (D)(3) of tha4 is <.i seefien and 'pending;osition of e still U W 5. Been lieense the this that refused a under- previsions of ehapter-; pr-evided, , any denied license the this if the r� applicant a under provisions of chapter may reapply and when H reasons fer- denial no longer- ; an r E. Evefy peddler- shall be feqttir-ed to eaffy the peddler's lieense and display it along with ph F. The is to the O eity elerk authorized pr-emulga4e niles r-egafdifig manner and method of payment, ineltiding a prohibition or- r-egttl4ion of payment by and the fefm of the applieation. L ' • .050 • �c G t (i yr a Packet Pg. 165 8.4.b or stfeet 0 pr-eor-0 0s. 4.12.055 Street vendor requirements. Any person seeking a pem+k City of Edmonds business license for a street vendor license under the definition of this chapter shall comply with the following requirements: A. Mobile vending units may be allowed to operate within the following commercially zoned areas including unzoned property or right-of-way adjacent to or abutting commercially zoned areas: 1. Motorized and nonmotorized mobile vending units: neighborhood business (BN), community business (BC), planned business (BP), downtown business zones (BD I, BD2, BD3, BD4 and BD5), commercial waterfront (CW), general commercial (CG, CG2), Firdale Village mixed -use (FVMU), medical use (MU) and public use (P). B. In addition to the licensing requirements of this chapter, any street vendor shall be required to obtain a street use permit. Application fees for street use permits are those established by the city council by resolution in its sole legislative discretion. Application fees shall be paid to the city prior to issuance of any permit. C. All advertising shall be placed on the nonmotorized mobile vending unit and will not be allowed on the street or sidewalk. Maximum sign area allowed shall be 10 square feet. D. The vending site shall be kept clean and orderly at all times, and the vendor must provide a refuse container and is encouraged to provide containers for recycling. No portion of a vendor's inventory, sales equipment, or any other structure or equipment used in the sales or solicitation process shall be left overnight upon any unenclosed portion of any lot or site within the city, nor upon any public street or right-of-way. E. The city reserves the right to limit the number of vending permit sites in any given area of the city. When the number of permitted mobile vendors reaches 15, a review before the city council is triggered to determine if the number of mobile vendors should be limited. The city council review may consider the needs of the public, diversity of products offered for sale, the smooth flow of pedestrian and vehicular traffic, number of complaints, and locations where the vending units are located. F. If located on a sidewalk, a minimum clearance of five feet shall be maintained by any street vendor Packet Pg. 166 8.4.b G. Street vendors shall not locate within that portion of improved street right-of-way designed for vehicular traffic or parking. Street vendors seeking to locate in improved street rights -of -way or on sidewalks shall be oriented toward pedestrian traffic movement or safety. Any application to locate a street vendor in the street right-of-way shall require approval by the city traffic engineer and shall not interfere in any way with vehicular or pedestrian traffic or safety. H. No mechanical audio or noise making devices and no hawking is allowed. Hawking is the loud, repeated oral solicitation of business by the vendor or an assistant. I. Street vendors may operate in parks if they have a concession agreement with the city of Edmonds to operate on a specific park property. J. Street vendors are prohibited in residentially zoned areas, and unzoned property or right-of-way adjacent to or abutting the residentially zoned areas. K. All street vendors shall comply with all applicable Snohomish County health district requirements. L. The applicant shall submit with his application a copy of the written approval for the vending site from the property owner when locating on private property. When locating on a sidewalk within the right-of-way, the applicant shall have written approval for the vending site from the abutting property owner and/or tenant. In the event that the property owner or tenant shall disagree, the property owner's decision shall be final. 1. In the event that the proposed site is on or abuts property owned by the city of Edmonds, the applicant shall be required to obtain the city's approval. Approvals relating to park property shall be handled as a request to let a concession under the terms of this chapter. Request for sites abutting all other public land owned by the city shall be forwarded to the city council for their review and approval. 2. In the event that the proposed site is on or abuts publicly owned property not owned by the city of Edmonds, the applicant shall be required to obtain approval from the public entity that owns the property. 3. In the event that the site for which approval is sought abuts vacant land, the applicant shall make reasonable written attempts to secure the approval of the property owner. If the applicant is unable to do so, the city may accept written proof of such attempts and issue a conditional permit. If a complaint is later received from the owner of the land, the license shall be revoked. The granting of such a conditional license shall vest no right in the applicant. M. When locating within a parking lot of a private location, the applicant shall: 1. Identify the location the mobile vending unit will be located and provide a circulation plan. The location and circulation plan shall require approval by the city traffic engineer to ensure the vending unit will not interfere in any way with vehicular or pedestrian traffic or safety. 2. Demonstrate that the site will meet the parking requirements of Chapter 17.50 ECDC excluding the parking space(s) occupied by the mobile vending unit. Packet Pg. 167 8.4.b N. The maximum permissible size for any nonmotorized mobile vending unit shall be: 1. Thirty square feet for sidewalk locations; and 2. Fifty square feet for locations within the street or other public right-of-way or when located on private property. 3. In no event shall any nonmotorized mobile vending unit exceed 10 feet in length. O. During special events held within the city where food providers are required to pay a fee to participate (such as the Edmonds Art Festival and Taste of Edmonds), no mobile vending units may be allowed to operate within one -quarter mile of the special event. lop 4.12.065 Soliciting and peddling restrictions. All licenses issued pursuant to this chapter shall be subject to the following time and location restrictions: A. Fourth of July Fireworks Display. For the purpose of crowd and traffic control on the Fourth of July, all soliciting after 6:00 p.m. within one mile of the official fireworks display shall take place only within the confines of the fireworks viewing area as designated by the chief of police on the Civic Center playfield. B. No peddler or solicitor shall engage or attempt to engage in the business of peddling at any home, residence, apartment complex or business that prominently displays a "No Peddlers" or "No Solicitors" sign or any other similar sign that communicates the occupants' desire to not be contacted by peddlers. C. No peddler or solicitor shall engage in the business of peddling between the hours of 8:00 p.m. and 9:00 a.m. D. Motorized and nonmotorized mobile vending units which are located directly adjacent to residentially zoned property may not operate between the hours of 9:00 p.m. and 8:00 a.m. Motorized and nonmotorized mobile vending units not located directly adjacent to residentially zoned property may not operate between the hours of 11:00 p.m. and 6:00 a.m. Packet Pg. 168 8.4.b 4.12.070 Carrying of license required. Stieh heense A City of Edmonds business license shall be carried at all times by each solicitor, peddler or street vendor for whom issued, when soliciting, canvassing or street vending in the city of Edmonds, and shall be exhibited by any such solicitor, peddler or street vendor whenever and wherever he or she shall be requested to do so by any police officer or any person solicited. soheitor, peddlef or- stfeet vendor- of any of the or-dinanees of the eity of Edmonds. The eity of - Edmonds may also r-&veke a heense fet: a st-Feet veader- under- the following eenditions: A. Failufe to eemply with the tefms of this ehaptef; A. Aqienever- the detefmines that thefe is for- denying heense city eler-k eadse any appheation keense using a4 least ene of the following fnetheds: (1) fegister-ed of the heensee. Netiee to the (2) eet4ified mail, r-etufa feeeipt the lieense be requested of (3) personal sef-,4ee on mailed deemed three days The the address on shall for- the deni r-eeeived after- mailing. notiee shall speeif� r-eveea4ien of ., 1: gr-otmds 6isi:if� - ••y:. D. The hearing shall be de neve. The eity eetineil may , e d cscisivrr. appropriate aefien in Snohomish Getnity s"er-ier- eetift within 14 days of the eity eetineil's deeision. Q Packet Pg. 169 8.4.b 4.12.090 Purchase orders — Form and content. All orders taken by licensed solicitors; or peddlers ^r street vend shall be in writing, in duplicate, stating the name as it appears on the license, the address of both the solicitor, peddler or street vendor and his or her employer, the terms thereof, and the amount paid in advance, and one copy shall be given to the purchaser. 4.12.100 Pe-nalties.Penalty for violation. Any per -son or- per -sons who violate or- fail to eemply with any of the pfevisions of this ehapter- shall npo�sen otioN of said violation be punished as providedinECC5.59 020. AU person, as defined herein, and the officers, directors, managing agents, or partners of anorporation, firm, partnership or other organization or business violating or failing to comply with any provisions of this chapter shall be . uilty of a misdemeanor and, upon conviction, shall be punished by a fine in any sum not exceeding $250.00 or by imprisonment for a period not exceeding nine months, or both, and each day of violation shall constitute a separate offense. 4.12.110 Severability. Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole, or any part thereof, other than the part declared to be invalid. Section 3. Chapter 4.52 ECC (Regulations for Adult Entertainment Facilities), subsections .030, .060, .070, .080, .100, .110, .250 and .260, are hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike through): 4.52.030 Definitions. For the purposes of this chapter, certain terms and words are defined as follows: A. "Adult entertainment" shall mean: 1. Any exhibition, performance or dance of any type conducted in an adult entertainment facility where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or 2. Any exhibition, performance or dance of any type conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities: Packet Pg. 170 8.4.b a. Human genitals in a state of sexual stimulation or arousal; or b. Acts of human masturbation, sexual intercourse or sodomy; or c. Fondling or other erotic touching of human genitals, pubic region, anus, buttocks or female breast; or 3. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. B. "Adult entertainment facilities" shall mean those businesses defined as follows: 1. "Adult arcade": a commercial establishment containing individual viewing areas or booths, where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, or other photographic reproduction of specified sexual activities or specified anatomical areas. 2. "Adult cabaret": a nightclub, bar, restaurant, theater or auditorium, or similar commercial establishment, whether or not alcoholic beverages are served, which features adult entertainment. 3. "Adult motel": a hotel, motel, or similar commercial establishment which: a. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and are not rated G, PG, PG-13, NC-13, NC-17 or R by the Motion Picture Association of America; or the establishment has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or b. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or c. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. 4. "Adult motion picture theater": a commercial establishment or drive-in theater where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of specified anatomical areas or specified sexual activities and are not rated G, PG, PG-13, NC-13, NC-17 or R by the Motion Picture Association of America and are shown for any form of consideration. Packet Pg. 171 8.4.b 5. "Other adult entertainment facility": any commercial establishment to which any patron is invited or admitted and where adult entertainment is provided on a regular basis and as a substantial part of the activities of the establishment. C. "Barker" shall mean any person who is located at the entrance of or outside of an adult entertainment facility, and attempts to solicit business for the same by using voice or gestures. D. "City" shall mean the city of Edmonds, Washington. E. "Director" shall mean the administrative services director e or his/her designee. F. "Employee" shall mean any and all persons, including managers, entertainers, independent contractors, renters, lessees, or sublessees, who work in or at or render any services directly related to the operation of any adult entertainment facility whether or not such person is paid compensation by the operator of said business. G. "Entertainer" shall mean any person who provides live adult entertainment in an adult entertainment facility, whether or not that person is an employee of the business and whether or not a fee is charged or accepted for such entertainment, and whether or not that person is nude, semi-nude or clothed. H. "Establishment" shall mean any of the following: 1. The opening or commencement of an adult entertainment facility as a new business; or 2. The conversion of an existing business, whether or not an adult entertainment facility, to an adult entertainment facility; or 3. The addition of an adult entertainment facility to any other existing adult entertainment facility; or 4. The relocation of any adult entertainment facility; or 5. An existing adult entertainment facility. I. "Expressive dance" shall mean any dance which, when considered in the context of the entire performance, constitutes an expression of art, theme, story or ideas, but excluding any dance such as, but not limited to, common barroom -type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value. J. "Manager" shall mean any person who manages, directs, administers, or is in charge of, the affairs and/or the conduct of an adult entertainment facility. K. "Nude" or "state of nudity" shall mean the appearance or less than complete and opaque covering of the human anus, male genitals, female genitals, or the areola or nipple of the female breast. The Packet Pg. 172 8.4.b opaque covering shall be made of material or fabric, but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other such substances that are easily broken down or removed and do not offer the covering intended for an "opaque covering." L. "Operator" shall mean the owner, significant stockholder or significant owner of interest, custodian, licensee, manager, or person in charge of any licensed adult entertainment facility. M. "Licensed establishment" shall mean any establishment that requires a license and that is classified as an adult entertainment facility. N. "Licensee" shall mean a person in whose name a license to operate an adult entertainment facility has been issued, as well as the individual listed as an applicant on the application for a license. O. "Person" shall mean and include any individual, firm, joint venture, partnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver or any other group or combination acting as a unit. P. "Semi-nude" shall mean a state of undress in which clothing completely and opaquely covers only the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices. Q. "Specified anatomical areas" shall mean and include any of the following: 1. Less than completely and opaquely covered human genitals, pubic region, anus, or areola of the female breasts or any artificial depiction of the same; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. R. "Specified criminal activities" shall mean and include any conviction for acts which constitute sexual crimes against children, sexual abuse, rape, distribution of obscenity or erotic material to minors, prostitution, pandering, or racketeering. S. "Specified sexual activity" shall mean and include any of the following: 1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or 3. Masturbation, actual or simulated; or 4. Human genitals or artificial depictions of the same in a state of sexual stimulation, arousal or tumescence; or 5. Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 of this subsection. Packet Pg. 173 8.4.b T. "Transfer of ownership or control" shall mean and include any of the following: 1. The sale, lease, or sublease of an adult entertainment facility, or substantially all of the assets of an adult entertainment facility; or 2. The transfer of securities which constitute a controlling interest in the adult entertainment facility, whether by sale, exchange, or similar means; or 3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the adult entertainment facility, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. 4.52.060 License required. A. It shall be unlawful to operate an adult entertainment facility without a valid adult entertainment facility license, issued by the city for the particular type of adult entertainment to be conducted. The license or licenses required under this chapter are in addition to a business license that may be required under Chapter 4.72 ECC. B. The administrative services director sty elerlf, or hiss designee, is responsible for granting, denying, revoking, renewing, suspending, and canceling adult entertainment facility licenses. The director of the department of planning or his/her designee is responsible for ascertaining whether a license application for a proposed adult entertainment facility complies with all requirements enumerated herein and all other applicable zoning laws and/or regulations. C. An application for an adult entertainment facility license shall be made on a form provided by the city. D. The completed application shall contain the following information and shall be accompanied by the following documents: 1. If the applicant is an individual/sole proprietor, then the individual/owner shall state his/her legal name and any aliases, stage names, or previous names, date of birth, Social Security number and submit satisfactory proof that he/she is 18 years of age or older. 2. If the applicant is a partnership, then the partnership shall state its complete name, and the legal names of all partners, including their dates of birth, Social Security numbers, and whether the partnership is general or limited, and a copy of the partnership agreement, if any. 3. If the applicant is a corporation, including a limited liability organization, then the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of Washington, the legal names, dates of birth, Social Security numbers of all directors, or principal stockholders, and the capacity of all officers, directors and principal stockholders; the name of the registered corporate agent, and the address of the registered office for service of process. Packet Pg. 174 8.4.b 4. Each officer, director, or principal stockholder shall provide the administrative services director, or designee, eity e1ef 4 -easufeF with an affidavit attesting to his/her identity and relationship to the corporation. A principal stockholder shall mean those persons who own 10 percent or greater interest in the adult entertainment facility. 5. If the applicant or any other individual listed pursuant to subsection (D)(1), (2) or (3) has been convicted of a crime within a four-year period immediately preceding the date of the application, then the applicant must state the specific criminal act involved, the date of conviction and the place of conviction. 6. If the applicant or any other individual listed pursuant to this section has, within the last four years, had a previous permit or license under this chapter or other similar ordinances from another city or county denied, suspended, or revoked, then the applicant must state the name and location of the adult entertainment facility for which the permit or license was denied, suspended, or revoked, the entity denying the same, as well as the date of the denial, suspension, or revocation. 7. If the applicant or any other entity listed pursuant to this section holds any other licenses under this chapter or any other permits or licenses from other jurisdictions, including a sexually oriented business license from another city or county, then the applicant must state the names and locations of such other permitted or licensed businesses. 8. The single classification of license for which the applicant is filing. 9. The location of the proposed adult entertainment facility, including a legal description of the property, street address, and telephone number(s), if any. 10. The applicant's mailing address and residential address. 11. Two two-inch by two-inch color photographs of the applicant, including any corporate applicants, taken within six months of the date of the application, showing only the full face of the same. The photographs shall be provided at the applicant's expense. The license, when issued, shall have affixed to it one such photograph of the applicant. 12. The applicant and/or each corporate applicant's driver's license number, Social Security number, and his/her state or federally issued tax identification number, if any. 13. Each application shall be accompanied by a complete set of fingerprints of each person required to be a party to the application, including all corporate applicants as defined above, utilizing fingerprint forms as prescribed by the chief of police or homer designee. 14. A sketch or diagram showing the configuration of the adult entertainment facility, including a statement of total floor space occupied by the establishment. The sketch or diagram must be professionally prepared and accepted by the city, and it must be drawn to a designated scale or drawn with marked dimensions of the interior of the adult entertainment facility to an accuracy of plus or minus six inches. E. Applicants for a license under this chapter shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is Packet Pg. 175 8.4.b stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change by supplementing the application on file with the administrative services director eil�- e er-k or homer designee shall be grounds for suspension of a license. F. In the event the administrative services director eity eleor her designee determines or learns at any time that the applicant has improperly completed the application for a proposed adult entertainment facility license, he/she shall promptly notify the applicant of such fact and allow the applicant 10 days to properly complete the application. (The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application). G. The applicant must be qualified according to the provisions of this section, and the adult entertainment facility must be inspected and found to be in compliance with health, fire, and building codes of the city. H. The applicant shall pay a preliminary nonrefundable processing fee established by resolution at the time of filing an application under this section. Note: This is a processing fee. License fees shall also be required in the event the application is approved. I. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining an adult entertainment facility license. J. The application form for licenses issued under this chapter shall contain a provision providing that under penalty of perjury the applicant verifies that the information contained therein is true to the best of his/her knowledge. 4.52.070 Investigation and application. A. Upon receipt of an application properly filed with the administrative services director e , and upon payment of the nonrefundable processing fee, the administrative services director e or his4ie designee shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to other city departments or other agencies responsible for enforcement of health, fire, criminal and building codes and laws. Each department or agency shall promptly conduct an investigation of the application and the proposed adult entertainment facility. Said investigation shall be completed within 20 days of receipt of the application by the administrative services director eity ele or maker designee, unless circumstances support extending the investigation. If the investigation is extended, the city shall inform the applicant of the extension and the reason. The extension shall be for no longer than 10 additional days from the original expiration of the 20-day time period stated above. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its recommendation as to approval or disapproval of the application, date it, sign it, and in the event it recommends disapproval, state the specific reasons therefor, citing applicable laws or regulations. B. A department or agency shall recommend disapproval of an application if it finds that the proposed adult entertainment facility will be in violation of any provision of any statute, code, ordinance, regulation, or other law in effect in the city, or if the applicant does not meet the conditions as specified in this chapter. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the administrative services director eit)- eler-k or his�her designee. Packet Pg. 176 8.4.b C. In addition to the license fees set forth in this chapter, an applicant shall pay a charge equal to the actual cost of fire inspection in accordance with the provisions of ECDC 19.25.025. 4.52.080 Issuance of license. A. The administrative services director eity ele or hs/her designee shall grant or deny an application for a license within 60 days from the date of its proper filing unless the city or applicant establishes a good reason for up to a 10-day extension as provided above. B. Grant of Application for License. 1. The administrative services director eity ele or his/he designee shall grant the application unless one or more of the criteria set forth in subsection C of this section (Denial of Application for License) is present. 2. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult entertainment facility. The license shall be posted in a conspicuous place, at or near the entrance to the adult entertainment facility so that it can be easily read at any time. The license shall be valid until the end of the year. C. Denial of Application for License. The administrative services director eity ele or his/her designee shall deny the application for any of the following reasons: 1. An applicant is under 18 years of age or will be employing a person under 18 years of age. 2. An applicant is overdue on his/her payment to the city of taxes, fees, fines, assessments, or penalties assessed or imposed against him/her in relation to an adult entertainment facility. 3. An applicant has failed to provide information required by this section or the application for the issuance of the license, or has falsely answered a question or request for information on the application form. 4. The applicant has failed to comply with any provision or requirement of this chapter. 5. The applicant has failed to comply with any city codes or zoning regulations, or other state or federal regulations or court order applicable to an adult entertainment facility. 6. The applicant has been convicted of a felony within the last 10 years involving an adult entertainment facility including, but not limited to, prostitution, promoting prostitution, and/or possession of controlled substances as that term is defined in Chapter 69.50 RCW. 4.52.100 Licenses for managers and entertainers. A. No person shall work as a manager or entertainer at any adult entertainment facility without having first obtained the appropriate entertainer's or manager's license from the administrative services director ei yLele. Each such applicant shall not be required to obtain an adult entertainment facility Packet Pg. 177 8.4.b license, but shall complete an application containing the information identified in ECC 4.52.060 (D) and comply with the same requirements and procedures as set forth in ECC 4.52.060 through 4.52.080. A nonrefundable processing fee established by resolution shall accompany the application. B. It is unlawful for any entertainer, employee or operator to knowingly work in or about or knowingly perform any service directly related to the operation of an unlicensed adult entertainment facility. C. The annual fee for such a license shall be established by resolution. The amount shall be used for the cost of administration and enforcement of this chapter. D. This license expires annually on December 31 st of each year and must be renewed by January 1 st of each year. This license shall not be prorated. E. The applicant must be 18 years of age or older. 4.52.110 Due date for license fees. All licenses required by this chapter must be issued and the applicable fees paid to the administrative services director eit-y eleat least 14 calendar days before commencing work at an adult entertainment facility, and on an annual basis as described above. 4.52.250 Record keeping requirements. A. Within 30 days following each calendar quarter, each adult entertainment facility licensee shall file with the administrative services director eity elerk a verified report showing the licensee's gross receipts and amounts paid to entertainers, models, or escorts, if applicable, for the preceding calendar year. B. Each adult entertainment facility licensee shall maintain and retain for a period of two years from the date of termination of employment, the names, addresses, Social Security numbers and ages of all persons employed or otherwise retained as entertainers, models, and escorts by the licensee. 4.52.260 Denial, suspension or revocation of license, and appeal procedures. A. When the administrative services director perk refuses to grant a license, or revokes the same, he/she shall notify the applicant in writing of the same, describing the reasons therefor, and shall inform the applicant of his right to appeal to the city council within 10 days of the date of the written notice by filing a written notice of appeal with the administrative services director eity elek containing a statement of the specific reasons for the appeal and a statement of the relief requested. B. Whenever the administrative services director eity elek has found or determined that any violation of this chapter has occurred, he/she shall issue a notice of violation and suspension or revocation ("notice") to the licensee. In addition, the administrative services director eity elerlf shall issue a notice of suspension or revocation to the licensee under the following circumstances: 1. Where such license was obtained by fraud or false representation of fact; Packet Pg. 178 8.4.b 2. For the violation of, or failure to comply with, the provisions of this chapter or any other similar local or state law by the licensee or by any of its agents, employees or representatives, when the licensee knew or should have known of the violations committed by its agents, employees or representatives; 3. For the conviction of the licensee of any crime or offense committed at the adult entertainment facility involving prostitution, promoting prostitution or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW), or the conviction of the licensee's employees, agents or representatives of any crime or offense committed at the adult entertainment facility involving prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW). C. The notice shall include the following: 1. Name(s) of person(s) involved. 2. Description of the violation(s), including date and section of this chapter violated. 3. Description of the administrative action taken. 4. Rights of appeal as set forth above. D. The notice shall be served either personally or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, to the licensee at his or her last known address. Proof of service shall be made at the time of service by a written declaration under penalty of perjury, executed by the person effecting the service, declaring the time, date, and the manner by which service was made. The decision may be appealed to the city council if request for appeal is properly filed with the administrative services director ewewithin 10 calendar days of receipt of the notice. Said request shall be in writing, state specific reasons for the appeal, and the relief requested. E. The suspension or revocation of a license shall be effective at the end of the expiration of any appeal period, unless there is a written request for an appeal properly filed by the licensee. If there is an appeal so requested, then the revocation or suspension shall be stayed pending the outcome of the appeal. This effective date of suspension shall not apply to any fire code violation or building code violation deemed by the appropriate officials to be a serious risk to health and welfare. F. Within 10 working days of receiving a timely appeal, the administrative services director eity eler shall forward the administrative record of the licensing decision to the city council. G. When an applicant has appealed the administrative services director e decision according to the stipulations herein, the city council shall review the administrative record as soon as possible, but no later than 30 working days after the city receives the appeal. Written notice of the date, time, and place of the scheduled meeting will be given to the applicant by the administrative services director eity ele by mailing the same, postage prepaid, to the applicant at the address shown on the license application, at least five days prior to the meeting. H. If the licensee appeals the notice to the city council, the licensee shall be afforded a reasonable opportunity to be heard as to the violation and action taken. The licensee and administrative services director eity elerlf or designee his e„resenta* shall be given an opportunity to argue the merits of Packet Pg. 179 8.4.b the appeal before the city council. Oral argument by each party shall not exceed 10 minutes and shall be limited to the administrative record before the council. I. The city council shall uphold the administrative services director's e s decision unless it finds the decision is not supported by evidence in the administrative record. J. The city council shall issue a written decision within 10 working days of hearing the appeal. The council may uphold the administrative services director's e4 elerk's decision and deny the license, overrule the administrative services director's "c's decision and issue the license, or remand the matter to the administrative services director eivy ele for further review and action. The administrative services director city cle shall complete further action or review within 30 working days of receiving any remand. K. A decision by the city council shall constitute final administrative review. The applicant or licensee shall be responsible for the cost of any preparation of the record for appeal. L. Either party may seek judicial review of a final decision of the city council as provided by law. Section 4. Chapter 4.68 (Community Antenna Television Systems), subsections .050, .290, .390, and .400, are hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike through): 4.68.050 Acceptance. No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting same has become effective. Within 30 days after the effective date of the ordinance awarding a franchise, or within such extended period of time as the council in its discretion may authorize, a franchisee shall file with the administrative services director eity elerl£ its written acceptance of the franchise, in a form satisfactory to the city attorney, together with the bond and insurance policies required by ECC 4.68.330, Insurance, and 4.68.340, Performance bond. 4.68.290 Removal and abandonment of property of franchisee. The city may direct a franchisee to temporarily disconnect or bypass any equipment of a franchisee in order to complete street construction or modification, install and remove underground utilities, or for other reasons of public safety and efficient operation of the city. Such removal, relocation or other requirement shall be at the sole expense of a franchisee. In the event that the use of any part of the cable system is discontinued for any reason for a continuous period of 12 months, or in the event such system or property has been installed in any street or public place without complying with the requirements of the franchise or other city ordinances or the franchise has been terminated, cancelled or has expired, a franchisee shall promptly, upon being given 10 days' notice, remove within 90 days from the streets or public places all such property and poles of Packet Pg. 180 8.4.b such system other than any which the city may permit to be abandoned in place which permission shall not be unreasonably withheld. In the event of such removal, a franchisee shall promptly restore the street or other areas from which such property has been removed to a condition reasonably satisfactory to the city. Any property of a franchisee remaining in place 90 days after the termination or expiration of the franchise shall be considered permanently abandoned unless the franchisee has commenced removal within a reasonable time. Any property of a franchisee to be abandoned in place shall be abandoned in such manner as the city shall prescribe. Upon permanent abandonment of the property of a franchisee in place, the property shall become that of the city, and a franchisee shall submit to the administrative services director eity- e4erk an instrument in writing, to be approved by the city attorney, transferring to the city the ownership of such property. None of the foregoing affects or limits franchisee's rights to compensation for an involuntary abandonment of its property under state or federal law. 4.68.390 Expedited review process — Competitive franchises. In accordance with the competitive franchise rule adopted pursuant to Part 76 of Title 47 Code of Federal Regulations (CFR), Section 76.41, a process for expedited review of franchise applications for a competitive franchise is hereby established. A. Application of Rule. Any application for a cable franchise agreement submitted pursuant to 47 CFR Section 76.41 to the city shall contain the requisite information set forth herein. The mayor and staff shall evaluate the application and make recommendations to the Edmonds city council based on the criteria set forth herein. B. Definitions. As used in this local rule, definitions shall be as follows: 1. "Affiliated entity" or "affiliate" means any entity having ownership or control in common with the grantee, in whole or in part, including, without limitation, grantee's parent corporations and any subsidiaries or affiliates of such parent corporations. 2. "CFAR franchise applicant" or "applicant" means an applicant for a cable franchise pursuant to the provisions of the competitive franchise application rule (CFAR) set forth in Part 76 of 47 CFR Section 76.41, and includes the parent corporation, its subsidiaries and principals. 3. "City" means the city of Edmonds. 4. "Control" is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. 5. "Interest" includes officers, directors and shareholders owning five percent or more of the CFAR franchise applicant's outstanding stock or any equivalent voting interest of a partnership or joint venture. Packet Pg. 181 8.4.b 6. "Model cable franchise template" means this chapter, containing standard franchise terms and conditions for cable franchises granted in the city, as the same exists or is hereafter amended through a process that wi44 commenced in 2008. Franchises granted under the then -existing Chapter 4.68 shall expired on April 26, 2011, unless an earlier date is was established in the review process. 7. "Staff' means the persons or positions designated by the mayor for review. The term shall include any consultant hired by the city to assist in its review. 8. "Parent corporation" includes any entity with ownership or control of the CFAR franchise applicant. 9. "Principal" includes any person, firm, corporation, partnership, joint venture, affiliates, or other entity, who or which has control of or interest in a CFAR franchise applicant. 10. "Regulatory authority" includes any governmental or quasi -governmental organization or entity with jurisdiction over all or any portion of the CFAR franchise applicant or its operations C. Competitive Franchise Application Submission. A CFAR franchise applicant shall include in its application detailed written responses to the requisite information set forth in ECC 4.68.400, in addition to any information required by 47 CFR Section 76.41 (hereinafter collectively the "application"). A CFAR franchise applicant shall submit an application fee required under ECC 4.68.410 as part of its application to the city. A CFAR franchise applicant shall also provide any additional information requested by the staff that is relevant to the evaluation of the application under the criteria adopted herein and applicable law. Completed application and the application fee shall be filed with the administrative services director eit-y eleat the following address: Administrative Services Director City Cie City of Edmonds 121 — 5th Ave. North Edmonds, WA 98020 The staff shall accept and review only those applications that include complete responses to every element of the information required herein. Submission of an application that does not include the requisite information set forth in ECC 4.68.400 and the application fee shall not commence the time period set forth in 47 CFR Section 76.41 for granting or denying an application. If the staff requests any additional information from the CFAR franchise applicant, the time period set forth in 47 CFR Section 76.41 shall be tolled from the date the information is requested until the date such information is received by the staff. The CFAR franchise applicant shall immediately submit additional or updated information as necessary to ensure the requisite information provided is complete and accurate throughout the staff review of the application. Packet Pg. 182 8.4.b Upon request, the staff will promptly provide access to documents or information in its possession or control that are necessary for the completion of an application; provided, that the CFAR franchise applicant does not otherwise have access to such documents or information and that such documents or information are subject to disclosure under Washington public records laws. 4.68.400 CFAR application requisites. A. Identification and Ownership Information. 1. Identification of Applicant and Proposed Franchisee. a. State the name, address, telephone number and web site (if applicable) of the applicant and the proposed franchisee (if different from applicant). b. State the name, address, primary telephone number and primary e-mail address of all individual(s) authorized to represent the applicant before the staff during their consideration of the franchise(s) requested, including the applicant's primary contact and any additional authorized contacts. 2. Business Structure. a. Corporation. i. If applicant is a corporation, please list all officers and members of the board of directors, their principal affiliations and their addresses; ii. Attach a certified copy of the articles of incorporation and bylaws of the corporation as well as certificates of good standing from the Secretary of State of the state of incorporation as well as the state of Washington; and iii. State whether the applicant is directly or indirectly controlled by another corporation or legal entity. If so, attach an explanatory statement and response to subsections (2)(a)(i) and (ii) of this section concerning the controlling corporation. b. Partnership. i. If applicant is a partnership, please describe the structure of the partnership and the interests of general and limited partners. ii. State whether the applicant is controlled directly or indirectly by any corporation or other legal entity. If so, respond to subsections (2)(a)(i) and (ii) or (2)(b)(i) of this section, as applicable, concerning the controlling entity. 3. Experience. a. Current Franchises. Please list all cable systems operated by the applicant in the last five years. For each system, include name of system, address, communities served, number of subscribers, number of homes passed, date of system award, duration (start and end date) Packet Pg. 183 8.4.b of franchise, status of construction, and percent of penetration of homes passed as of most recently available date (include date). Also include name, title, and telephone number of the system manager and authorized representative of the franchising authority. b. Pending Franchises. List communities where the applicant or any affiliate currently has a formal or informal request pending for an initial franchise, the renewal of a franchise, or the approval of a transfer of ownership. Include names of communities, date of application, date of expected action, and estimated number of homes. Also include complete contact information of an authorized representative of the franchise authority. 4. Management Structure. Attach a management/organizational chart showing the management structure of the applicant. Also, provide a similar chart showing the relationship of the applicant to all general partners, parent corporations, subsidiaries, affiliates and all other subsidiaries of parent corporation, including a brief description of each entity's relationship to the applicant. 5. Management Agreement. State whether there are any management agreements existing or proposed between the applicant and any parent corporation or affiliate related to construction and operation of the applicant's planned system in Edmonds. If yes, attach a copy of any such agreement. B. Legal Qualifications. 1. Media Cross -Ownership. Section 613 of the Cable Communications Policy Act of 1984, 47 USC Section 533 (a), and applicable FCC rules prohibit certain forms of media cross - ownership. Please state whether the applicant or an affiliate directly or indirectly owns, operates, controls or has an interest in any of the following, or whether the applicant holds or operates any company or business operating jointly with any of the following: a. A national broadcast television network (such as ABC, CBS or NBC, etc.). b. A television broadcast station whose predicted Grade B contour, computed in accordance with Section 73.684 of the FCC's rules, overlaps in whole or in part in the city, or an application for license to operate such a station. c. A telecommunications or telephone company whose service area includes any portion of the city. If the response to any of the above is affirmative, state the name of the applicant or affiliate, the nature and percentage of ownership or interest and the company that is owned or in which the interest is held. 2. Equal Employment Opportunity and Affirmative Action. Federal law requires cable system operators to be certified by the Federal Communications Commission (FCC) as being in compliance with the equal employment opportunity requirements of Section 634(e) of the Cable Communications Policy Act of 1984, 47 USC Section 554(e). The applicant shall attach any current FCC certification(s) for its existing cable system holdings, if any, or indicate its intention to apply for and abide by same. Packet Pg. 184 8.4.b 3. Franchise Violations. State whether the applicant or any affiliate has been found in violation by a regulatory authority or franchising authority of any franchise ordinance or agreement, contract or regulation governing a cable system. If so, identify the judicial or administrative proceeding, giving the date, name of tribunal and result or disposition of that proceeding. 4. Other Violations. State whether the applicant or any affiliate has been found in violation of any franchise, ordinance, agreement, permit, contract or regulation by a regulatory authority of any other type (e.g., public utility commission). If so, identify the judicial or administrative proceeding, giving the date, name of tribunal and result or disposition of that proceeding. C. Financial Qualifications. 1. For applicants with existing operations: provide audited financial statements, including statements of income, balance sheets and cash flow statements, together with any notes necessary to the understanding of the financial statements for the last three fiscal years for the applicant and any parent corporation. Please provide associated operating statistics including distribution plant miles, homes passed, number of basic cable service subscribers, and number of subscribers to other tiers or services, including digital services, Internet access services, telephone services and number of premium units, for the operations corresponding to the financial statements. 2. For all applicants: provide detailed pro forma projections for both applicant's operations in the city and any regional or national planned operations of which the city is a part for the next five fiscal years from the date of the application, including balance sheets, income statements, and statements of cash flows, or, alternatively, at a minimum, detailed projected income and cash flow statements. Please include associated operating statistic assumptions for these projections including distribution plant miles, homes passed, number of basic cable service subscribers, number of subscribers to other tiers or services (e.g., digital service, high-speed Internet access service, telephone service, etc.), and number of premium units. Also, describe any other assumptions reflected in the projections, including (a) revenue assumptions, such as service rates, (b) expense assumptions, such as direct costs of service, staffing levels, or anticipated cost inflation, (c) capital expenditure assumptions, such as miles of plant to be built and costs per mile of construction or per subscriber, and (d) financing assumptions, such as funds to be borrowed and from whom, interest rates, and timing of repayment, or equity infusions and distributions. Please provide these projections in electronic (Excel spreadsheet) form as well as in printed form. D. Technical Qualifications, Planned Services and Operations. 1. Describe the applicant's planned initial and proposed geographic cable service area, including a map and proposed dates for offering service to each area; 2. If the applicant has or asserts existing authority to access the public right-of-way in any of the initial or proposed service areas listed in subsection (D)(1) of this section, state the basis for such authority or asserted authority and attach the relevant agreements or other documentation of such authority; Packet Pg. 185 8.4.b 3. Describe with particularity the applicant's planned residential cable services, including basic cable services, cable programming service tiers, and any additional pay -per -view, on -demand or digital services; and the projected rates for each category or tier or service; 4. Describe with particularity the applicant's planned system technical design, upstream and downstream capacity and speed, provision for analog or digital services or packages, distribution of fiber, and planned count of households per residential node; 5. Describe with particularity the applicant's planned nonresidential cable services; 6. Describe the applicant's planned construction and extension or phase schedule, as applicable, including system extension plans or policy; describe current status of the applicant's existing or proposed arrangements with area utilities, including pole attachments, vault, or conduit sharing agreements as applicable; 7. Describe the applicant's plan to ensure that the safety, functioning and appearance of property and convenience and safety of other persons not be adversely affected by installation or construction of the applicant's facilities, and that property owners are justly compensated for any damages caused by the installation, construction, operation or removal of the facilities; also state the proposed allocation of costs of installation, construction, operation or removal of facilities between the applicant and the subscriber; 8. Describe the availability and cost of a device to enable a subscriber to block obscene or indecent programming; and 9. Describe the applicant's plan to comply with the subscriber privacy protections set forth in 47 USC Section 551. E. Minimum Franchise Obligations. Please state the applicant's intention to meet each of the following minimum cable franchise standards: 1. Model Franchises. The applicant shall comply with all provisions of this chapter. 2. Right -of -Way ("ROW") Regulations. The applicant shall stipulate in writing that it will at all times comply with all applicable and lawful city laws and regulations related to use of the public ROW within the boundaries of the city. 3. Nondiscrimination. The applicant shall stipulate that it shall not deny cable service to any group of potential residential cable subscribers in the cable service area proposed by applicant based on their income. 4. Franchise Fees. The applicant shall pay franchise fees on a monthly basis, unless otherwise agreed to by the city, at the franchise fee rate established by ordinance for all cable service providers in Edmonds. F. City Expectations. The applicant will provide a detailed proposal as part of its application regarding each of the below provisions to enable the city to determine whether the application meets the cable - related needs and interests of the city. Packet Pg. 186 8.4.b 1. Build -Out. The city expects that all residents within a specified cable service area will have access to applicant's cable services consistent with all applicable local, state and federal laws and regulations. The applicant shall provide a proposal to provide access to cable services to all residents in applicant's proposed cable service area within a reasonable time period. Maps of existing franchise districts are on file with the staff s office or available by contacting the city at 425-775-2525. The staff may reconsider cable service areas proposed by applicant that overlap the geographic boundaries of existing Edmonds cable franchise districts. Applicant shall clearly specify all build -out criteria and exceptions. 2. PEG Channel Capacity. The applicant shall provide the same channel capacity as available under existing incumbent city cable franchise agreements. Channel capacity is not limited to channels currently in use but shall include all available channels under existing franchise agreements. G. Proposed Franchise Terms. The city's model cable franchise template, Attachment A to this rule, reflects terms and conditions required of other cable operations in Edmonds as of the effective date of the CFAR. The applicant shall list any proposed amendments to the model cable franchise template and an explanation as to why the amendment should be considered by the city. These proposed amendments may either be included in this section of applicant's CFAR franchise application or shown directly on the model cable franchise template. An electronic copy of the model cable franchise template may be obtained by calling staff at 425-775-2525 or on the city's web site: www.ci.edmonds.wa.us. H. Miscellaneous Provisions. State whether the applicant contemplates the provision of any cable services on its system under an open video systems ("OVS") regulatory regime, within the meaning of Section 653 of the 1934 Communications Act (47 USC Section 573). I. Affidavit of Applicant. Each application shall be accompanied by an affidavit substantially in the form set forth below: This application of the Applicant is submitted by the undersigned who has been duly authorized to make the representations within on behalf of the Applicant and certifies the representations are true and correct. The Applicant recognizes that all representations are binding on it and that material misrepresentations or omissions, or failure to adhere to any such representation may result in a negative staff recommendation to the Edmonds City Council, or denial of a CFAR Franchise Application by the Edmonds City Council. Consent is hereby given to the staff and their representatives or agents to make inquiry into the legal character, technical, financial and other qualifications of the Applicant by contacting any persons or organizations named herein as references, or by any other appropriate means. The Applicant recognizes that information submitted is open to public inspection and subject to the Washington Public Records Law. We advise the Applicant to be familiar with the Washington Public Records Act at Chapter 42.56 RCW. The Applicant should specifically identify any information which the Applicant has deemed proprietary, the Staff, as appropriate, will tender to the Applicant the defense of any request to compel disclosure. By submitting information which the Applicant deems proprietary or otherwise Packet Pg. 187 8.4.b exempt from disclosure, the Applicant agrees to defend and hold harmless the City of Edmonds and the staff from any claim for disclosure including but not limited to expenses including out-of-pocket costs and attorneys' fees, as well as any judgment entered against the City of Edmonds or the staff for the attorney fees of the party requesting disclosure. Name of Applicant's Authorized Representative: Affiant's Signature: Official Position: Date: NOTARIZATION Subscribed and sworn before me this of , 20 Notary Public for Washington: My Commission expires: J. Application Fee. The application fee to cover the reasonable cost of processing application is set forth in ECC 4.68.410. The fee shall be equal to the actual, reasonable costs of review, and the application fee shall be considered a deposit against payment or reimbursement of the city's costs. K. Review Process. 1. Acceptance of Application. Within 10 business days of receipt of an application, staff shall review the application to ensure all requisite information is included in the application. a. If the application is not complete, staff will notify the applicant in writing within 10 business days, listing the requisite information that is required to complete the application and notifying the applicant that the time period for granting or denying the application set forth in 47 CFR Section 76.41 will not begin to run until such information is received. b. If the application is complete, staff will notify the applicant in writing within five business days by certified mail that all requisite information has been received. 2. Staff Review. Staff shall review all completed applications based on the review criteria set forth herein. If, during the review of an application, staff requires additional information from the applicant, staff will promptly request the information from the applicant, in writing, along with a notification that the time period for granting or denying the application set forth in 47 CFR Section 76.41 will be tolled until such information is received by the staff. After completing the review, staff shall provide an analysis of the application and recommendations to the Edmonds city council. 3. Public Notification and Opportunity to Comment. The Edmonds city council may hold a public hearing to provide the applicant and residents in the proposed cable service area prompt notice and an opportunity to comment on any CFAR franchise application. Notice requirements for public hearings shall be provided 10 business days in advance; provided, however, that the Packet Pg. 188 8.4.b administrative services director " may shorten or alter these requirements as needed to meet the deadline for a council decision set forth in 47 CFR Section 76.41, unless the applicant and the staff agree to extend the deadline. 4. Review Criteria. The staff may recommend to the city council denial of an application of any of the following exists: a. The applicant does not have the financial, technical, or legal qualifications to provide cable service; or b. The applicant will not provide adequate public, educational, and governmental access channel capacity, facilities, or financial support, as evidenced by the most recent needs ascertainment conducted by or on behalf of the staff or other relevant study of community needs; or c. The applicant will not meet the city's minimum reasonable build -out requirements; or d. The applicant's proposed terms do not comply with applicable federal, state and local laws and regulations including, but not limited to, local customer service standards or relevant existing city contractual obligations; or e. Applicant has made material misrepresentations or omissions, or has failed to adhere to any such representations. 5. Length of Franchise. A franchise granted under these provisions shall expire on the date established in the review process, in no event later than April 26, 2011, the same date as any underlying, nonexclusive cable franchise previously granted by the city. This franchise length has been established in order to permit full assessment of the needs of the city and its citizens as permitted by 47 USC Section 521, et seq., and the regulations promulgated thereunder as this chapter is revised. Section 5. Chapter 4.72 ECC (Business License) is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strip): 4.72.010 Definitions. In construing the provisions of this chapter, save when otherwise declared or clearly apparent from the context, the following definitions shall be applied: A. Person. The term "person" shall include one or more persons of either- s&and gender, corporations, partnerships, associations, or other entity capable of having an action at law brought against such entity, but shall not include employees of of persons licensed pursuant to this chapter. B. Business. The term "business" includes all services and activities engaged in with the object of pecuniary gain, benefit or advantage to the person, or to any other person or class, directly or indirectly, whether part-time or full-time. Packet Pg. 189 8.4.b C. Engaging in Business. The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. 1. This section sets forth examples of activities that constitute engaging in business in the city, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimis business activities in the city without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection (C) of this section. If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law. 2. Without being all-inclusive, any one of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf, constitutes engaging in business and requires a person to register and obtain a business license: a. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the city. b. Owning, renting, leasing, using, or maintaining an office, place of business, or other establishment in the city. c. Soliciting sales. d. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. e. Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. f. Installing, constructing, or supervising installation or construction of real or tangible personal property. g. Soliciting, negotiating, or approving franchise, license, or other similar agreements. h. Collecting current or delinquent accounts. i. Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. j. Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. Packet Pg. 190 8.4.b k. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. 1. Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. m. Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers. n. Investigating, resolving, or otherwise assisting in resolving customer complaints. o. In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. p. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. 3. If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person's behalf, engages in no other activities in or with the city but the following, it need not register and obtain a business license: a. Meeting with suppliers of goods and services as a customer. b. Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. c. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of directors member or attendee engaging in business such as a member of a board of directors who attends a board meeting. d. Renting tangible or intangible property as a customer when the property is not used in the city. e. Attending, but not participating in, a "trade show" or "multiple vendor events." Persons participating at a trade show shall review the city's trade show or multiple vendor event ordinances. f. Conducting advertising through the mail. g. Soliciting sales by phone from a location outside the city. 4. A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license; provided, that it engages in no Packet Pg. 191 8.4.b other business activities in the city. Such activities do not include those in subsection (C)(3) of this section. The city expressly intends that engaging in business include any activity sufficient to establish nexus for purposes of applying the license fee under the law and the Constitutions of the United States and the state of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. D. Rental Unit. The term "rental unit" shall mean a separate room or apartment leased for human occupancy and contained within a single structure, and shall include the operations of rooming houses, boarders within private residences and the operation of bed and breakfast establishments. E. Private Residence. The term "private residence" shall mean a separate, freestanding structure leased for residential purposes and human occupancy by one "family" as defined by ECDC 21.30.010. F. Day. The term "day" when used in this chapter shall refer to days on which the city of Edmonds City Hall is open for business. Any day which is defined as a holiday by ordinance and any day on which City Hall has been closed by exee�.for business shall not constitute a "day." G. Business Licensing Service. The term "Business Licensing Service" or "BLS" means the office within the Washington State Department of Revenue providing business licensing services to the city 4.72.020 Business License Required. It shall be unlawful for any person to operate, engage in or practice any business in the city of Edmonds without first having obtained a business license from the city. If more than one business is located on a single premises, a separate license shall be required for each separate business conducted, operated, engaged in or practiced. 4.72.021 Threshold exemption. To the extent set forth in this section, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as outlined in this chapter: A. Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $12,000 and who does not maintain a place of business within the city, i.e., a non-resident applicant, shall be exempt from the general business license requirements in this chapter. The exemption does not apply to regulatory license requirements or activities that require a specialized permit. B. Nonprofit organizations or corporations with tax exempt status under 26 USC Section 501(c)(3) shall require a nonprofit business license but are exempt from a license fee. 4.72.023 Registration of transient accommodations. Repealed by Ord. 3900. 4.72.030 Procedure. Packet Pg. 192 8.4.b A. Application for the business license shall be made to the Washington State Business Licensing Service, and must include all information required for the licenses requested, and total fees due for all licenses requested, as well as the handling fee required by RCW 19.02.075. B. The administrative services director eity or designee shall receive all applications for city business licenses. The administrative services director eity ele or designee shall cause an investigation of the completed application to be made by the proper city officials and shall grant or refuse to grant the license within 15 days of the date of receipt of the application information._ Applications may be referred to the planning and development services department, the fire department, or other governmental agencies for their review. Compliance with building zoning and other laws is the business owner's responsibility and issuance of a business license is not a ,guarantee of compliance or a waiver of future enforcement by the city or other agencyjurisdiction. If an application is refused, the reason for refusal shall be designated on the application. The application fee shall not be refunded, except under the following circumstances: 1. An applicant requests cancellation of a license application from the city within five business days of submitting an application to the Business Licensing Service. 4.72.040 Fee — Terms — Penalty. A. Business licenses required to be obtained pursuant to this chapter expire on the date established by the Business Licensing Service. The renewal application must be submitted to the Business Licensing Service, and must contain all information that may be required for all licenses being renewed, and the total fees due for all licenses being renewed, as well as the handling fee required by RCW 19.02.075. B. The annual amounts of fees for the city business licenses issued hereunder shall be as follows: 1. The fee for an application for a new business license for any business that is not a home occupation, as provided in ECDC 20.20.010, to be operated from any real estate within the city of Edmonds shall be $125.00; 2. The fee for an application for a new business license for a new home occupation business, as provided in ECDC 20.20.010, to be operated from any residential real estate within the city of Edmonds shall be $100.00; 3. The fee for an application for a new business license for any other business conducted for, under contract with or by providing services to any person within the city, to be operated in locations outside the city limits, shall be $50.00; and 4. The fee for an application for an annual renewal of a city business license shall be $50.00 for any business operated within the city of Edmonds. 5. A nonprofit business license application shall be exempt from a license fee; provided, that the business provides proof of tax exempt status under 26 USC Section 501(c)(3). 6. The term and respective fee amount for a license may be prorated to accommodate synchronizing of the city license expiration date with the business license account expiration date established by the Business Licensing Service. Packet Pg. 193 8.4.b C. All businesses required to renew licenses hereunder shall obtain the same and pay all fees required on or before the expiration date established by the Business Licensing Service. Any business which fails to renew and pay the license fees within said period of time shall, in addition to any other penalties provided in this chapter, be assessed the penalty for such late application and/or payment required by RCW 19.02.085. Failure to renew a license within 120 days after expiration will result in the cancellation of the license. In order to continue business in the city, reapplication for the license is required as provided in this chapter. D. Repealed by Ord. 3036. 4.72.050 Ineligible activities. Notwithstanding any provisions hereof to the contrary, a license hereunder may not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the city of Edmonds or the statutes of the state of Washington. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. 4.72.055 Denial of license — Hearing. In the event that a license is denied under this chapter based on the provisions of ECC 4.72.050, or for any other lawful reason, the applicant may request a hearing. Such request shall be in writing and filed within 10 days of the date of written denial by the city of a license application. A hearing shall be scheduled within 30 days before the hearing examiner. The hearing shall proceed in the following format: A. The applicant/appellant shall present proof of the nature of the activities which it seeks to conduct pursuant to a business license in the city of Edmonds. B. The city shall have the burden of establishing, by a preponderance of the evidence, that the activities are in violation of a provision of any ordinance of the city of Edmonds, or the general statutes of the state of Washington. C. The applicant/appellant may then present any rebuttal testimony which it wishes to present. The hearing examiner shall enter written findings of fact and conclusions of law. No motion for reconsideration shall be available to either party. Appeal of the final decision shall be to the Snohomish County superior court in accordance with the applicable laws of the state of Washington. 4.72.060 Revocation or suspension. The mayor or his designee may, at any time, suspend or revoke any license issued hereunder whenever the licensee or officer or partner thereof has been convicted in any court of competent jurisdiction of violating any statute of the United States or the state of Washington or any ordinance of the city of Edmonds upon the business premises stated in the license or in connection with the business stated in the license; where the business activity violates ECC 4.72.050; or where the place of business does not conform to the ordinances of the city of Edmonds. Prior to such suspension or revocation, the permittee shall be provided an opportunity for a hearing. The licensee shall be notified in writing by sending a written notice to the address stated on the license of the intention of the city to revoke or Packet Pg. 194 8.4.b suspend said license. The applicant may then appeal by filing written notice with the administrative services director eity ele or designee within 10 days of the notice of revocation or suspension. The administrative services director e or designee shall schedule a hearing within 20 days before the hearing examiner. The licensee may appear at that time and be heard in opposition to such revocation or suspension. 4.72.065 Transfer or sale of business — New license required. Upon the sale or transfer of any business licensed by this chapter, the license issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the city of Edmonds shall apply for a new business license pursuant to the procedures established by this chapter. 4.72.070 Penalty for violation. Any person, as defined herein, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in any sum not exceeding $250.00 or by imprisonment for a period not exceeding nine months, or both, and each day of violation shall constitute a separate offense. Section 7. Chapter 4.90 ECC (Public Markets), subsections .020, .050, .090, and .100, are hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike 4.90.020 Activities requiring a license. It shall be unlawful for any person to own, use or permit property to be used as a public market until the market and site have been licensed under this chapter. No person shall then sell or offer for sale products at any location in conjunction with a market activity until sponsor has been duly licensed and each vendor submitted to the city. Nothing in this chapter shall be deemed to authorize activities to be conducted in accordance with the market's activities unless appropriately licensed as required under another provision of this code; provided, however, that business license requirements are limited as provided in ECC 4.90.050. A special event permit under Chapter 4.100 ECC and a City of Edmonds business license under Chapter 4.72 ECC shall be required before a public market ma, begin operating , pawnbrokers and dealers of seeandhand goods shall not eendtiet aefivifies in Chapter- 4.72 EGG A. It shall be unlawful for any person to sell or offer for sale goods at a public market unless such person has been listed on the application fee of the licensee and paid the processing requirement specified herein. Packet Pg. 195 8.4.b B. All structures employed on the site shall comply with the requirements of the State Building Code, including but not limited to the Uniform Building and Fire Code elements. C. The activities of the public market shall be limited to daylight hours on Saturday and Sunday of each week within public rights -of -way, but extended hours are allowed up to 10:00 p.m. for any day of the week if the market takes place outdoors on private property or public property not located within public rights -of -way. Operational hours related to activities of the public market are not limited when the market takes place within a fully enclosed building. 4.90.050 Sponsor licensee — Business license required when. The sponsor of a market shall be required to obtain a City of Edmonds business license and a special event permit before the market may begin operating. The issuanee of a p ub lie v.,.,f4wt heense to the . . ntended to setwe as a master- lieense authorizing limited business aetivities. Vendors at the markets renting or leasing space from the mastersponsor licensee are not required to have a city business license unless they engage in other business activities subject to licensing under the provisions of this title. By way of illustration and not limitation, a the following examples are o r-e : B— A business license shall be obtained by any vendor who conducts business activities beyond the premises licensed as a public market and/or outside of the time for which the license is issued. For example, a business operating from a booth on the premises licensed as a public market during the days of approved market operation shall not require a business license to conduct such activities. If, however, the vendor conducts other business activities subject to the provisions of Chapter 4.72 ECC, the person conducting such activities shall be duly licensed in accordance with the provisions of that chapter. 4.90.090 Application for license. Each applicant for a license to operate a public market shall file an application with the administrative services director eity eleaccompanied by the license fee provided for in ECC 4.90.070. The application shall be in writing and submitted on a form prepared by the administrative services director eity elek and signed by the applicant. The application shall give the applicant's nonprofit organization's business address and principal business location, a copy of documents indicating its charitable nonprofit status as well as the residence address and phone number of the applicant's agent. In addition to such other information as the administrative services director "shall require, the application shall be accompanied by: A. A plot plan showing the location of any outdoor facilities or activities. Adequate parking and ingress and egress shall be maintained during the course of this temporary special event. Adequate precautions shall be put in place to prevent vehicular access to pedestrian pathways within the confines of the activity. Applications to utilize a site or lot already occupied by an existing business shall show Packet Pg. 196 8.4.b on the plot plan the location of all parking required to be provided under the provisions of Chapter 17.50 ECDC for such business. B. A list of each and every vendor participating or anticipated to participate in the market for which the license is sought shall be submitted to the administrative services director eit-y elerl£. The listing shall include the vendor's name, address and business phone number together with a general description of goods and/or services offered by each vendor. Any changes in the list of vendors shall be provided to the administrative services director a in a minimum of three business days prior to the date of the proposed change (i.e., the first date at which the new vendor will participate in the market). C. Provisions for event management and garbage control shall be addressed in a management plan. All tables, tents, booths, signs and other structures associated with the market shall be removed from public rights -of -way at the end of each day; provided, however, that approved outdoor storage may be provided between the close of business the day a public market is held and commencement of business the following morning on public land not located within public rights -of -way or on private property. D. Garbage receptacles shall be strategically located and have sufficient capacity to accommodate the vendors and estimated members of the public in attendance. In addition the area shall be kept clean of rubbish, garbage, junk, waste paper, plastic, styrofoam cups, sacks, food and other waste. The city of Edmonds encourages the use of recycling receptacles and products whenever possible. The license holder shall be responsible to keep the area clean. The area to be kept clean shall include the area immediately surrounding sidewalks and public streets. E. Temporary signage announcing the event shall be approved on the site in the licensing process in accordance with the requirements of ECDC 20.60.080. F. The fire marshal shall designate appropriate fire lanes through the licensed area on the plot plan. These fire lanes are intended for pedestrian use and shall be kept free of structures, debris or other blockage. Failure to maintain appropriate fire lanes shall be cause for immediate revocation of the license. The police chief may, in his or her sole discretion, require that security personnel be provided by the public market during times and in a number designated by the police. 4.90.100 Records. The named licensee sponsor of the public market shall maintain a record of all vendors participating in the event. Such record shall be available for inspection by the administrative services director eit�- eler-k or a designated agent during normal business hours of city offices (that is, 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays). Section 8. Chapter 4.98 ECC (Constitutionally Protected Events) is hereby amended to read as follows (new text is shown in underline; deleted text is shown in st-rike ffifeegk): Packet Pg. 197 8.4.b Chapter 4.98 CONSTITUTIONALLY PROTECTED EVENTS / EXPRESSIVE EVENTS 4.98.010 Definitions. A. "Constitutionally protected events" or "expressive events" include any event, such as political or religious activity, intended primarily for the communication or expression of ideas, in which no fee or donation is charged as a condition of participation or attendance, and that is to--4e conducted on public property or on a public right-of-way; and, also, any such event held on private property which would have a direct significant impact on traffic congestion or traffic flow to and from the event over public streets or rights -of -way; or which would significantly impact public streets or rights -of -way near the event; or which would significantly impact the need for city -provided emergency services, such as police, fire or medical aid. B. "Use" shall mean to construct, erect, or maintain in, on, over or under any street, right-of-way, park or other public place any building, structure, sign, equipment or scaffolding, to deface any public right- of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park or other public place within the city, including a use related to special events. 4.98.020 Permit required. A. A permit from the city is required for any constitutionally protected events or expressive events as defined in this chapter. Such permit shall be in lieu of any other city permit, including but not limited to special event, Tar-ade, street use and park use permits as they may be required by ordinance. B. Contents of Application. The applicant must file the application in writing on a form supplied by the city to the license officer, setting forth: 1. Contact information of the applicant, including but not limited to name, telephone number and address; 2. The date, time, and expected duration of the event; 3. The probable number of participants; 4. The place or route of the event, including a map and written narrative of the proposed route; 5. A description of all public ways proposed to be blocked; 6. A description of the measures to be taken to protect participants and the general public from injury, including traffic control and crowd control, emergency medical services, fire and life safety services and emergency communication systems; 7. A description of the measures to be taken to ensure cleanup of any litter or damage resulting from the event; 8. The number and location of portable sanitation facilities, if any; Packet Pg. 198 8.4.b 9. A certification that the applicant will be financially responsible for any cost to the city resulting from breach of any condition of the permit; 10. A certification that the applicant will not sponsor or encourage any commercial activity unrelated to First Amendment rights during the event; 11. A description of the types and number of vehicles to be used in the special event; 12. Insurance and surety bond information, if any; 13. Any other additional information required to ensure public health, safety and welfare. C. A constitutionally protected event permit is not required for the following: 1. Parades, Parades of the military forces of the United States of America or the State of Washington. 2. Funeral and wedding processions. 3. Groups required by law to be so assembled. 4. Gatherings of 25 N or fewer people in a city park, unless merchandise or services are offered for sale or trade. 5. Other similar events and activities which do not directly affect or use city services of property. D. Any person desiring to obtain a constitutionally protected event permit shall apply for such a permit by filing an application with the city at least 72 hours 69 days prior to the date on which the event is to occur. E. Waiver of Application Deadline. 1. Good Cause. Upon a showing of good cause or at the discretion of the city, the city shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause can be demonstrated by the applicant showing that the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed. 2. Spontaneous Demonstration. The City shall waive the 72-hour application deadline in those instances in which a permit is sought for a spontaneous demonstration responding to a local, national or international event, within 72 hours after the event has occurred. F. No Fee. No application or permit fee shall be required in order to obtain a permit for a constitutionally protected event or expressive event. Packet Pg. 199 8.4.b 4.98.030 Grounds for denial of application — Limited. No permit shall be denied by the citv except upon the following grounds: c A. The event location or desired parade route conflicts with another event for which a permit has 14 already been issued; or as B. The proposed event location or route would unreasonably prevent or block the provision of v emergency services within the City of Edmonds or would unduly disturb the convenience of the public w 0 in the use of public streets and sidewalks. w c a) In the event that a permit is denied for the reasons stated in subsection A or B of this section, the City E of Edmonds shall work with the applicant to find an unencumbered time, date, location, or route C suitable to the applicant. The requirement of a permit for constitutionally protected events or E expressive events shall not be used or administered to prevent the exercise of free speech by any a individual or group of individuals so long as the event or route is reasonable as to its time, place and manner. It is the policy of the City of Edmonds to permit, encourage and promote the lawful exercise of free speech by all of it citizens regardless of the content thereof. E 1. The appliea-at provides infefma4ion that is false, misleading, or- aene*istet4 ill a" material -W a c m detail; the applieant fails to eamplete the applieation or- to supply other- required infafmation or- > documents; or the applicant declares or shows an unwillingness or inability to comply with the w reasonableor-0 .� m a - CO abutting p „eft,.. C C� J 3. The dispdpt the tr-af4e proposed event would tip&easenably orderly or- safe eir-eulation of as-V ipjtwy damage w wouldprese-nt an uflfeasenable risk of or- tothe publieer 4. The in, illegal dia thfeaten ++ proposed event would engage advaeate, or- eneoufage aetivities NEW 4.98.040 Permit conditions — Appeal. ns L the f plaee and fnanner- of event, and stieh r-equir-efnefits as Q . ++ fell wing , n iti ns apply t all . nstit„ti,,n lly pr-eteeted o ,mot ,. .-, .is. 0 o t cC C (i 1. Alteration the titne, the the of plaee and manner- of event pt:opesed on event applieation. Q Packet Pg. 200 8.4.b ostri .ting the o fA t only . portion E) f the streetor-fight f way. 5. C mplianeev�,ith any other- applieable federal, state E)r- leeal law E)r- regulation. B—. The applicant shall have the right to appeal the denial of a permit or a permit condition. A written notice of appeal shall be filed within three business days after receipt or personal delivery of a notice of denial or permit conditions from the city. Receipt of notice of denial or permit conditions shall be presumed three days after the same is mailed with USPS postage prepaid and certified. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The hearing examiner shall hear the appeal on the record provided from the designated city official and upon public comment given at the scheduled hearing before the examiner. The hearing shall be scheduled for the earliest possible hearing date after receipt of a timely and proper notice of appeal. The decision of the hearing examiner shall be final. 4.98.050 Revocation of permits. A. Any permit issued under this chapter may be summarily revoked by the city at any time when, by reason of disaster, public calamity, riot or other emergency or exigent circumstances, the city determines the safety of the public or property requires such immediate revocation. The city may also summarily revoke any permit issued pursuant to this chapter if the city finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit or fails to comply with any condition of the permit. B. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in the application. To the extent that written notice by personal service or certified mail is not likely to achieve timely actual notice, any other reasonable form of notification intended to achieve the same shall suffice. preteeted event pem:iit pufsuant to this ehapter- unless a valid pemit has been issued and Fe i i effeet for- the event. it is ttalawftil for- any per -son to pai4ieipa4e in stteh an event with the knowledge tha4 the speaser- of the evef4 has not been issued a r-e"ir-ed, valid pefmit or- with knowledge that a enee .,li,l p ,mit has expiredor- been r-evoked. NOWN. OWN Packet Pg. 201 8.4.b dier-eef be to fine than misdemeanor-, and upon eenvietion shall subjeet a penalty of a E)f not more $500.00 E)r- by impfisenment of not more than 90 days, of both such fine and imprisonment. -F N C 4.98.070 Savings clause. J If any section, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the .r validity of the remaining portions of this chapter. v U W 0 Section 9. Anew Chapter 4.100 (Special Event Permits) is hereby adopted to read as follows: d E Sections: c E a 4.100.010 Purpose. 4.100.020 Definitions. N 4.100.030 General provisions applicable to all special events. 4.100.040 Permit applications. m 4.100.050 Indemnification. a 4.100.060 Insurance. 4.100.070 Permit decision. w 4.100.080 Appeal of permit decision. w 4.100.090 Reimbursement of fees for city sponsored events. 4.100.100 Cleanup deposit. co 4.100.110 Suspension and revocation. 4.100.120 Exercise of police power. y 4.100.130 Violation — Penalties. d J 4.100.010 Purpose. U U W It is the purpose of the City to establish a process for permitting special events that impact city right- of-way, public property and other facilities or services. It is recognized that these special events ' enhance the City of Edmonds communi and provide benefits to the citizens through the creation of ~ , venues for expression and entertainment that are not normally provided as a part of governmental 5 services. c This Chanter is intended to supplement land use and street right-of-wav regulations. to provide a coordinated process for the regulation of certain activities to be conducted in conjunction with special events, and to ensure that the impacts of the special event do not unduly impact the public's health, safety or welfare. It is further intended to protect and preserve public infrastructure and city resources, prevent unplanned disruption of public services, mitigatepacts to the extent feasible and to create a mechanism for cost recovery without haviniz an adverse effect on those events that contribute to the community. 4.100.020 Definitions. °' E A. "City sponsored event" means a special event for which the city provides some level of sponsorship and/or support to the primary event organizer/sponsor through the use of city funds, equipment, and/or a other city resources that is not a "city contracted event." Citysponsored events may also be special Packet Pg. 202 8.4.b events that are organized and sponsored in full by the City of Edmonds. Reimbursement for cit resources may be reauired. m B. "City contracted event" means a special event that typically takes places on an ongoing annual basis and for which the City and the event organizer/sponsor enter into an event contract to apportion responsibility for the event, thereby eliminating the need for the event organizer/sponsor to obtain a special event permit under this Chapter. Such events may be sponsored in part by the ci . Examples of , city contracted events include the Garden Market/Summer Market, Edmonds Arts Festival, 4th of July celebration, Oktoberfest, and Taste Edmonds. U U w C. "Commercial special event" means an activity or occurrence sponsored and operated by one or more o businesses that is conducted primarily for the exchange of goods or services for financial gain. Commercial special events typically occur upon private property. Examples of commercial special d events include parking lot sales and tent sales, promotional events, and sidewalk sales. E c a) D. `Emergency response plan" means a plan detailingthe he expected actions of event management and/or a public safety agencies in the event or threat of an emergency_ E. `Expressive event" or "Constitutionally protected event" means an activity or occurrence in which the sole or principal purpose is the expression, dissemination, or communication of political or religious E opinion, views or ideas, and for which no fee or donation is charged or required as a condition of a participation or attendance. Examples of expressive special events include political rallies, marches, c public speeches, and political demonstrations. These events are regulated by Chapter 4.98. w F. "Fire marshal" means the city of Edmonds fire marshal or designee. m a G. "Parade" means a type of special event involving an organized procession or march of more than 25 y persons or 25 objects, or any combination thereof amounting to 25, that temporarily disnpts the general public's normal use of public streets or sidewalks. w c a� H. "Person" means an individual, corporation, partnership, incorporated or unincorporated association, organization, or other entity or group of persons, however organized. U U w I. "Private" or "private event" means an event where persons are specifically and individually invited. It does not include an event where tickets, invitations, or announcements are available to the public. J. "Public" or "public event" means a special event open to the public, and includes an event where tickets, invitations, or announcements are available to the public. C m K. "Public amusement" means circuses, carnivals, motion picture shows, exhibitions, concerts, side shows, plays and other stage shows, amusement parks and any other form of diversion, pastime or recreation conducted for and open to the public regardless of whether an admission fee or other charge is made for attendance; provided, however, that nothing herein shall require the licensingand nd inspection of an activity conducted under the auspices of a bona fide, accredited elementary school, middle school, 0 high school or college and conducted on the premises thereof in facilities previously inspected and L approved for public assembly_ L. "Right-of-way" means, within the City of Edmonds, all public right-of-way and property_ granted or m reserved for, or dedicated to, public use for street purposes, together with public property granted or E reserved for, or dedicated to, public use for walkwayss,paths, trails, sidewalks, and bikeways, whether improved, unimproved, or unopened, including the air rights, sub -surface rights and easements related thereto, and over which the City of Edmonds has authority and control. a Packet Pg. 203 8.4.b M. "Run" or "race" means a type of special event involving any race, contest or event, whether of a competitive or a noncompetitive nature. involving a procession of persons. whether afoot or upon anv vehicle or device propelled by the human body, including but not limited to marathons, fun runs, m walkathons, and bicycle races. to c d N. "Security" means employees, or other hired personnel, dedicated to maintaining order and ensuring compliance with the laws of the state of Washington and ordinances of the city of Edmonds. O. "Site" has the same meaning as set forth in ECDC 21.90.090, as now or hereafter amended, and in .r v addition in the case of undeveloped property, a land area under common ownership, whether the land v w area is comprised of one lot, a combination of contiguous lots, or contiguous fractions of lots. o N r P. "Special events" include any event which is to be conducted on public property or in a public right- C of -way; and also, any event held on private property which would have a direct significant impact on: E (a) traffic circulation to and from the event over public streets or rights -of -way_; (b)public streets or C rights -of -way near the event, or (c) the need for city -provided emergency services, such as police, fire d Q or medical aid, as determined by the city. It is presumed that any event on private property which involves: i an open invitation to the public to attend; or (b) anticipated attendance by private invitation of 100 or more people is an event that will have a direct significant impact on the public streets, rights- y of -way or emergency services. Special events may include, but are not limited to: fun runs and walks, E auctions, parades, carnivals, exhibitions, film/movie events, circuses, outdoor markets, and fairs. m IL Q. "Tent" means a temporary membrane structure or shelter, such as pop-up canopies, sails, and the like, c as defined in the current editions of the fire and buildingcodes. w 4.100.030 General provisions applicable to all special events. a CO A. Permit Required. Any person desiring to conduct or operate a special event within the City of m Edmonds shall first obtain a special event permit from the city, unless specifically exempt. It shall be c unlawful for any_person to sponsor or conduct an event or activity requiring a special event permit without a valid special event permit. Penalties for violation of the terms of this chapter shall be as specified by this chapter. v w B. Consistency with Permit and Law. A special event shall be conducted as described by the special event permit, in accordance with the terms and conditions of the permit and in accordance with applicable laws and regulations. am C. Public and Personal Safety. The configuration and operation of special events shall conform to applicable laws and regulations, including provisions relating to emergency ingress and egress, barrier - free facilities, fire prevention, health and sanitation, and the operation of vehicles and equipment. D. Business Licenses and Taxes. As required by pplicable law, special event businesses/vendors shall have City of Edmonds business licenses and shall record, report and remit taxes. E. Exemptions. The following activities and occurrences shall comply with applicable laws and L regulations, but are exempt from the permit requirements of this chapter: c m 1. City contracted events. E 2. Funerals and wedding processions. a Packet Pg. 204 8.4.b 3. Garage sales and rummage sales. 4. Neighborhood block parties. N C 5. Special event facilities. Events conducted at a facility designed for special event purposes or at facilities where such events are normally held, such as churches, event centers, convention j centers, schools, athletic fields, auditoriums, stadiums, theaters, and the like. d .r 6. Governmental activities. Activities conducted by a governmental agency acting within the v scope of its authority. U w 0 7. Regularly scheduled events utilizing park and recreation facilities, in accordance with the intended use of the facility, and with park rules and policies. E 8. A privately scheduled, non -reoccurring event upon private property in a residential zone with d up to 100 persons attending. Q 9. The temporary sale of seasonal goods when regulated by other statutes, such as Christmas tree sales, and peddling of farm produce. E 10. Expressive events (but see Chapter 4.98 for regulations pertaining to o expressive events). a F. Signs. w 1. With a special event permit application, applicants may request, and the appropriate director or designee that would otherwise authorize such signage may authorize, the use of temporary on -site a (on -premises) and off -site (off -premises) signs. W 2. Special event signs shall not be detrimental to the public health, safety or welfare, nor injurious to property or improvements in the vicinity of the sign. Signs shall not obstruct visibili , for motorists and pedestrians, nor impede access to buildings or property. The installation of signs upon public property shall be subject to inspection by the building official and/or city engineer. v U w 3. The applicant shall be responsible for installation, maintenance, and removal of all signs. 4.100.040 Permit applications. m A. The administrative services director or designee is authorized to prepare and maintain necessary application forms and may issue written administrative policies and procedures as needed for the implementation of this chapter. B. Applications for special event permits shall be submitted to the administrative services director or designee, a minimum of 60 days prior to a small event (less than 100 people) and a minimum of 90 dam prior to a major event(more than 100 people). If an event organizer fails to meet these timelines, the O application may still be processed if all affected departments agree process the application within the L shortened timeframe. Factors in determining whether to allow for processing a late application will o include the impact on city resources and rights -of -way, and conflicts with other already scheduled events. m E C. Applications for special event permits shall include written authorization of the property owner. For special events proposed upon city -owned property, the approval of a special event permit application a Packet Pg. 205 8.4.b shall constitute city authorization to conduct the event upon the property described in the permit application. N m D. Applications for special event permits shall be on forms prepared by the administrative services director or designee and shall include information that any city department processing the application deems necessary in the interest of the public health, safety and welfare to enable it to review the application. The information requested shall enable the city to assess the scope of the event so as to evaluate the impact of the event on city resources and the community. c� E. Application fee(s) for special event permits are set forth in the Ci . 's adopted fee schedule. v w 0 4.100.050 Indemnification. w c d Prior to the issuance of a permit for a special event, the permit applicant and authorized officer of the E sponsoring_ organization must agree to reimburse the city, fly costs incurred by it in repairing damage a� to cily property and indemnify and defend the city, its officers, employees, and agents from all causes E of action, claims or liabilities occurring in connection with the permitted event, except those which occur due to the city's sole negligence. N 4.100.060 Insurance. E L a) Prior to the issuance of a permit for a special event, the permit applicant shall comply with the following c insurance requirements: w (1) The permit applicant shall obtain commercial general liability insurance in amounts acceptable to the city attorney's office. 0. Co (2) Written proof of such insurance is required prior to permit issuance. The insurance policy shall y be written on an occurrence basis, shall name the city as an additional insured using ISO form CG 20 26, or coverage at least as broad, and shall be written for a period that includes the timeframe for both the set-u before and the clean -Lip following the com letion of the event. The a licant shall J p p p � v provide the city and all additional insureds for this event with written notice of any v w cancellation within two (2) business days of their receipt of such notice. m (3) Liquor Liability Coverage. Liquor liability coverage must be obtained when liquor is served as ~ a part of a special event permitted under this chapter. (a) A vendor hired b, t�pecial event permittee to serve liquor must provide evidence of liquor liability coverage in amounts acceptable to the city attorney's office, namingthe he city as additional insured. This insurance coverage is in addition to the special event permittee's overall general liabili . requirement. (b) A special event permittee serving liquor directly shall obtain host liquor coverage as a part of providing commercial general liability insurance per subsection (1) of this section. o 4.100.070 Permit decision. E A. After receiving a�completed application in conformance with this chapter, along with the non- refundable permit application fee, the administrative services director or designee shall consult with all a affected divisions or departments, such as Building, Planning, Engineering, Police, Fire, Public Works, Packet Pg. 206 8.4.b Parks and Recreation, Finance, and Risk Management. Following consultation with all affected departments and divisions. the administrative services director or designee may approve. conditionallv gpprove, or deny an gpplication for a special event permit based upon the provisions of this chapter. m When an application is conditionally approved or denied, the administrative services director or designee c shall provide written explanation of the for the conditions of approval or denial, and the ,grounds applicant's rightof ppeal pursuant to the provisions of this chapter. d B. Decision criteria. A permit may be issued to an applicant only if all the following criteria and conditions for issuance are met: v c� w 1. The special event will not be detrimental to the public health, safety, or welfare; o N r 2. The special event will not be injurious to property or improvements in the immediate vicinity C of the special event; E c 3. The special event will not endanger participants, spectators, or the public; a) E 4. The special event has a traffic management plan or other adequate and appropriate measures in place to mitigate any traffic safety and mobility issues, including for both vehicles and pedestrians; E L 5. Adequate and appropriate sanitation and refuse facilities are planned; a) a c m 6. The special event has adequate and appropriate measures in place to ensure the safe movement, w assemblage and dispersion of people attending the event. Such measures may include the use of safely guardrails, fences, ropes, barricades, and the like; a 7. The special event will not cause excessive or harmful fumes, odor, smoke, noise or light and must be consistent with Chapter 5.30 entitled "Noise Abatement and Control"; d 8. The special event will comply with all applicable ordinances relating to food service containers and utensils and provide for the appropriate collection and disposal of waste, recycling, and v compostables; w 9. Adequate plans exist to return the area or routes impacted b. t�pecial event to the same m condition or cleanliness as existed prior to the event; 10. Applicant has agreed to the indemnity and hold harmless provisions in the application; 11. Applicant has provided proof of the requisite insurance provisions in the application; 12. For citysponsored events, applicant has agreed to reimburse the city for the provision of additional city services, including but not limited to the employment of police officers to direct or block pedestrian or vehicular traffic, or the provisions of standby aid car or fire protection services, as required. 4.100.080 Appeal of permit decision. m E Decisions of the administrative services director or designee are appealable. An appeal of the administrative services director or designee's decision related to application of this chapter may be filed a Packet Pg. 207 8.4.b with the administrative services director or designee within 10 business days of notification of the decision. Such anneal shall be filed and processed in accordance with the anneal provisions for business licenses as provided by Chapter 4.72. The meal filing fee shall be as specified by the fee schedule. m N 4.100.090 Reimbursement of fees for city sponsored events. C a) J A. Upon approval of a special event permit application for a city sponsored event, the administrative services director or designee shall provide the applicant with a statement of the estimated cost of providing city resources, such as personnel and equipment, for the special event, if applicable. The v aqpplicant%sponsor of the event may be required to prepay these estimated costs ten (1 O) dgys prior to the v w special event. The special event application fee per the fee schedule adopted by resolution of the city o council is a separate processing fee and is not applicable to the city services fees. City resources may 4 include the use of police officers and public employees for traffic and crowd control; pickup and delivery d of traffic control devices, picnic tables, and the like; extraordinary street sweeping; and any other needed, E requested or required city service, along with the cost of operating any equipment needed to provide C such services. E a B. If the actual cost for the use of city resources on the dates of the city sponsored event is less than cw the estimated cost, the applicant/sponsor will be refunded the difference by the city in a timely manner. If the actual cost for the use of city resources on the dates of the city sponsored event is than E ,greater the estimated cost, the city will invoice the applicant/sponsor for the difference, and the invoice shall be a paid in a timely manner. C w C. Permit fees and fees for the use of city resources may be waived in part or in full by the city if, in ia review of the application, it is found that the city sponsored event is of sufficient public benefit to warrant the expenditure of city funds without reimbursement b, the he applicant/sponsor and would not result in CO the private financial gain of any individual or "for -profit" entity. w m 4.100.100 Cleanup deposit. N aCi J A. The applicant/sponsor of a special event likely to create a substantial need for cleanup may be v required to provide a cleanup deposit prior to the issuance of a special event permit. w B. The cleanup deposit may be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event within twenty-four (24,) hours ~ after the conclusion of the event. 5 C. If the property used for the event has not been properly cleaned or restored within twenty-four (24) hours after the conclusion of the event, the applicant/sponsor shall be invoiced for the actual cost to the city for cleanup and restoration, which invoice shall be paid in a timely manner. The cleanup deposit shall be applied toward the payment of the invoice. 4.100.110. Suspension and revocation. A. In instances in which the special event does not comely with the provisions of this chanter, the terms " and conditions of the approved permit, or other applicable law, the administrative services director or C m designee may suspend or revoke an approved special event permit with the issuance of written findings. E B. When necessary to prevent serious injury to persons, property or the public peace, health, safety or a welfare, the administrative services director or designee, fire marshal, building official, development Packet Pg. 208 8.4.b services director or chief of police, or the designee of each, may suspend or revoke an approved special event permit effective immediately. The city official or designee shall deliver written notice of suspension or revocation to the permit applicant/event sponsor or manager. 4.100.120 Exercise of police Dower. This chapter is enacted as an exercise of the cily's police powers and shall not be construed to impose any duty owed by the city to any permittee under this chapter or to any member of the public, nor shall any permit be construed as waiver of any violation of the laws of the city. 4.100.130 Violation — Penalties. A. It shall be a misdemeanor for M person to violate any of the provisions of this chapter or the conditions imposed upon any permit issued hereunder, which shall be punishable by a fine not to exceed one thousand dollars ($1,000,) or imprisonment not to exceed ninety (90) dgys. Each day, or part thereof, during which any such violations occur or are continued, shall constitute a separate offense. B. In addition, permits issued hereunder shall be subject to suspension or revocation as provided herein, and civil abatement proceedines as set forth in Chanter 20.110 ECDC. C. In addition, or alternatively, M person violating the provisions of this chapter or the conditions of any permit issued hereunder shall also subject the permittee to a daily civil penalty in the amount specified by Chanter 20.110 ECDC. D. In addition, or alternatively, any person violating the provisions of the chapter or the conditions of any permit issued hereunder may forfeit their right to hold a special event in the city. Section 10. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 11. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY Packet Pg. 209 8.4.b APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: :• JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 210 8.4.b Ordinance No. as follows: On the of the City of Edmonds, Washington day of 2022, the City Council of the City of Edmonds, passed _. A summary of the content of said ordinance, consisting of the title, provides AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE REPEAL OF OR AMENDMENT TO CERTAIN CHAPTERS OF TITLE 4 ECC (LICENSES) AND FOR THE ADOPTION OF A NEW CHAPTER TO TITLE 4 ECC RELATING TO SPECIAL EVENT PERMITS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 2022. CITY CLERK, SCOTT PASSEY Packet Pg. 211 8.4.c RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A NEW FEE SCHEDULE FOR THE CITY'S DEVELOPMENT -RELATED FEES AND CHARGES TO ADD FEES RELATING TO THE CITY'S SPECIAL EVENTS PERMITS. WHEREAS, ECDC 15.00.020 provides for the establishment and amendment of certain fees charged by the city by resolution; and WHEREAS, extensive effort has been made by city staff to analyze the full costs associated with city permitting and service activities; and WHEREAS, the city council has previously established and affirms as its goal that permit fees shall be set to cover the costs of processing and issuing permits and requests for service; and WHEREAS, the city council adopted Resolution 1475 in June 2021, which adopted a schedule of fees to be charged in relation to permit issuance and other development activity; and WHEREAS, the city council has adopted Ordinance to document in the Edmonds City Code the requirements for obtaining permits from the city to hold Special Events; and WHEREAS, city staff has established the costs associated with issuing such permits; and WHEREAS, this resolution is intended to add the new Special Event Permit fees to the city's schedule of fees and to replace Resolution 1475; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The fees and charges for services set forth in the schedule attached as Exhibit A to this Resolution, which is incorporated herein by this reference, are hereby adopted, along with the referenced tables which are also included therein, and shall be effective on and after , 2022. Section 2. If any section, sentence, clause or phrase of this resolution or any fee or charge for service adopted or amended hereby should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase, or any fee or charge adopted or amended hereby. Section 3. Resolution 1475 shall have no further effect as of , 2022 as the fees adopted by Resolution 1475 are being replaced by the fees adopted herein. Packet Pg. 212 8.4.c RESOLVED this day of 2022. CITY OF EDMONDS MAYOR, MIKE NELSON ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 2 Packet Pg. 213 I 8.4.c I FEES ASSOCIATED WITH DEVELOPMENT :j OV E DA, Building — Engineering — Planning - Fire 121 51h Ave N, Edmonds WA 98020 425.771.0220 Approved fees effective January 1, 2022; ENG updated July 6'h, 2021 Page 1 of Y 11 Packet Pg. 214 GENERAL DEVELOPMENT SERVICES PERMIT FEES I 8.4.c I Building / Planning / Engineering / Fire City Technology Fee for each permit application Credit Card Transaction Fee ................................. Development Review Committee Meeting ................................................... Pre -Application Meeting................................................................................ (50% applied toward future plan check fee for that specific project only) Recording Fee (for recording documents with Snohomish County) Violation Compliance Fee $40.00 ..... 3% ............$0 $1,000.00 Recording Cost + $110.00 $250.00 or up to 5x Permit Fee Residential State Building Code Surcharge Fee........................................................................................ $6.50 ..................................................................................................................... Each additional dwelling unit $2.00 Commercial State Building Code Surcharge Fee..................................................................................... $25.00 ..................................................................................................................... Each additional dwelling unit $2.00 (not applicable to certain minor permits such as plumbing, mechanical, re -roof) PLAN REVIEW & INSPECTION FEES: Plan review is calculated at 85% of the building permit fee and includes up to 3 reviews per division/ department. Commercial/ Multi -family/ Residential: Plan review fee includes Building, Planning, Fire & Engineering reviews General plan review fee per reviewing department/division.........................................$110.00/hr (1 hr min.) plus peer review fee if applicable Plan review for re -submittals after the 3rd review............................................................................$110.00/hr Development Project Peer Review (Peer Review).................................................................................. $110.00 plus cost of consultant review fee charged for outside consultant peer review services when City staff lacks the expertise to review a specific project or aspect of a project. General Inspection Fee per department/division Re -Inspection Fee ................................................. $110.00/ea $110.00/ea Engineering Inspection Fee*..............................................................................3.3% of Value of Improvements *Applies to Civil Site Improvements, such as Subdivisions, Commercial & Multi -Family Permits Stormwater Engineer Review Fee..... Transportation Engineer Review Fee Utility Engineer Review Fee .............. REFUNDS: $130.00/hr $130.00/hr $130.00/hr The City may authorize refunding of any permit fee paid which was erroneously paid or collected. The City may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the applicable code(s). The City may also refund not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. Refunds shall not be granted of any fee on an expired permit. Any application for a refund must be made in writing and describe the circumstances to justify. Refunds for permit fees covered by 19.70.025 ECDC may be authorized by the Building Official. The Planning Manager may authorize refunds of Planning fees or service charges. The City Engineer may authorize refunds of Engineering fees or service charges. Page 2 of 1'' Packet Pg. 215 1 I 8.4.c I BUILDING PERMIT FEES Accessory Dwelling Unit Compliance(ADU).............................................................................................$405.00 Adult Family Home Compliance (AFH).....................................................................................................$550.00 Alternate Methods Review.......................................................................................... $110.00/hr+ Peer Review Appeal of Building Official Interpretation.................................................................................................$970.00 Cellular Communication and Facilities...................................................................................................... TABLE 1 Changeof Use............................................................................................................................................ $510.00 Demolition (Residential Primary Structure)..............................................................................................$300.00 Demolition (Commercial Primary Structure)............................................................................................ $500.00 Demolition (Secondary Structure or Interior Only)................................................................................... $150.00 Dock/Marina/Floats..................................................................................................................$200.00+TABLE 1 Fence..........................................................................................................................................................$100.00 Hot Tub/Spa (Single-Family)......................................................................................................................$200.00 Manufactured Coach Installation - Commercial (Federal HUD Label)....................................................$500.00 Manufactured Home Installation (Federal HUD Label)............................................................................$550.00 ParkingLot.................................................................................................................................$200.00+TABLE 1 Re -roof (Commercial).......................................................Valuation based on $2.00 per square foot +TABLE 1 Re -roof (Residential - includes sheathing)................................................................................................ $100.00 Retaining Wall (Commercial)............................................................................................ $740.00 + Peer Review Retaining Wall (Residential).............................................................................................. $300.00 + Peer Review Solar/Photovoltaic (Residential)................................................................................................................$120.00 Solar/Photovoltaic (Commercial) - Valuation does not include cost of solar panels or inverters......... TABLE 1 Swimming Pool (Pre -manufactured, above ground)................................................................................$120.00 Swimming Pool (In-Ground)...................................................................................................................... TABLE 1 Temporary Certificate of Occupancy (Commercial Only — valid for 60 days) ......................................... $330.00 SIGNS: Sign (Per sign excluding specific sign categories listed below)................................................................ $165.00 Blade Sign (Includes all blade signs in proposal)............................................................................................... $0 Pedestrian Sign (Includes all pedestrian signs in proposal)....................................................................... $80.00 PoleSign (per sign).................................................................................................................................... $825.00 Murals (Includes all murals in a proposal)................................................................................................ $165.00 *Planning ADB Design Review may apply ESLHA DESIGNATED PROPERTIES: Additional fees associated with development in the North Edmonds Earth Subsidence Landslide Hazard Area (ESLHA) ESLHA Administrative Fee ESLHA Consultant Review Deposit at Application for Peer Completeness Review ......... Deposit at Full Application...................................................... Deposit at Re -submittal if additional Peer Review is needed ESLHA Minor Project Administrative Processing Fee ................. ESLHA Submittal Packet............................................................... ............................................... $ 2, 385.00 Full cost of review is paid by applicant. ................................................. $500.00 ............................................... $2,500.00 ............................................... $1,500.00 .................................................. $ 300.00 ................................................... $15.00 Page 3 of 1? Packet Pg. 216 1 I 8.4.c I MECHANICAL PERMITS: BASEPERMIT FEE: ...................................................................................................................................... $50.00 UNIT FEE SCHEDULE: For the installation or relocation of each: FURNACE - Forced -air or gravity -type, including ducts and appliance vents.........................................$30.00 AIR HANDLER- Including ducts (Diffusers, blowers, etc.) Up to and including 10,000 cfm (4719 L/s).......................................................................................$30.00 Over 10,000 cfm (4719 L/s) including ducts......................................................................................$40.00 GAS HEATER -Suspended, recessed wall or floor -mounted unit...........................................................$30.00 HYDRONIC HEATING SYSTEM..................................................................................................................$150.00 APPLIANCE VENT - (Type B, BW, L gas vent, etc.).................................................................................... $15.00 INCINERATOR....................................................................................................................................... $50.00 VENTILATION AND EXHAUST Fan connected to single duct (Bath, laundry, kitchen exhaust, etc.)...............................................$15.00 Each system which is not a portion of any heating or air-conditioning system .............................. $15.00 HOOD - Type 1, Type 2, Fume Hood including ducts............................................................................$150.00 GAS PIPING: (New or relocated) Gas -Piping systems of 1 to 5 outlets........................................................................................................ $30.00 Each additional outlet over 5..................................................................................................................... $5.00 BOILER OR COMPRESSOR Up to and including 50 HP (176 KW)........................................................................................................$50.00 Over 50 HP (176 kW)...............................................................................................................................$100.00 ABSORPTION SYSTEM, AIR CONDITIONING SYSTEM OR HEAT PUMP Up to and including 1,750,000 Btu/h (512.9 kW)................................................................................... $50.00 Over 1,750,000 Btu/h (512.9 kW)..........................................................................................................$100.00 OTHER FEES: Commercial Plan review hourly fee..................................................................................................$110.00/hr Each appliance or piece of equipment regulated by the IMC for which no other fee is listed (Fire dampers, ductless mini- split systems, etc.)............................................................ $30.00 Page 4 of 1? Packet Pg. 217 1 I 8.4.c I PLUMBING PERMITS: BASE PERMIT FEE: .................................................................................................................................... $50.00 UNIT FEE SCHEDULE: For the installation, alteration, repair, addition or relocation of each: ......................................................... $15.00 Plumbing fixture (on one trap or a set of fixtures on one trap) Drain w/in footprint of building (rainwater systems, roof deck drains, etc.) Water Heater (includes expansion tank) Re -pipe - Drain, vent or water piping (each fixture served) Water Service Line (replacement or repair) For the installation, alteration, repair, addition or relocation of each: Water treating equipment (water softener)............................................................................................$35.00 Backflow protective device - 2" and smaller...........................................................................................$35.00 Backflow protective device - Over 2".......................................................................................................$45.00 Graywater system or reclaimed water system (in addition to fixture fee) ............................................$65.00 Non -grease waste pre-treatment interceptor (oil/waterseparator, etc.) ...........................................$110.00 Medical gas piping system serving 1 to 5 inlet/outlet(s) for a specific gas ..........................................$110.00 Each additional medical gas inlet/outlet...............................................................................................$15.00 Grease Trap (HGI Inside Building)............................................................................................................$220.00 Gravity Grease Interceptor(GGI))...........................................................................................................$770.00 OTHER FEES: Commercial plan review fee hourly fee............................................................................................$110.00/hr IMPACT FEES PARK IMPACT FEES: Single -Family ............................. Multi -Family .............................. Non -Residential Development Residential Administrative Fee . Commercial Administrative Fee TRANSPORTATION IMPACT FEES: $2,734.05 per Dwelling Unit $2,340.16 per Dwelling Unit ..........$1.34 per square foot ................................... $ 50.00 ................................ $100.00 Refer to City Code & Handouts to calculate impact fee. The following applies in addition to impact fee: Residential Administrative Fee..................................................................................................................$50.00 Commercial Administrative Fee.............................................................................................................. $100.00 Independent Fee Calculation —Transportation Engineer Review........................................................ $260.00 plus peer review fee as applicable. Page 5 of 1? Packet Pg. 218 1 I 8.4.c I GRADING PERMIT FEES PLAN REVIEW: CUBIC YARDS PLAN REVIEW FEE 50 cubic yards or less $55.00 (when located in a designated critical area) 51 to 100 cubic yards $110.00 101 to 1,000 cubic yards $220.00 1,001 to 10,000 cubic yards $440.00 $440.00 for the first 10,000 cubic yards, plus $110.00 for 10,001 to 100,000 cubic yards each additional 10,000 yards or fraction thereof. $1,430.00 for the first 100,000 cubic yards, plus $110.00 100,001 to 200,000 cubic yards for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more $2,530.00 for the first 200,000 cubic yards, plus $110.00 for each additional 10,000 cubic yards or fraction thereof. PERMIT FEE: CUBIC YARDS PERMIT FEE Base Permit Fee $35.00 50 cubic yards or less $110.00 (when located in a designated critical area) 51 to 100 cubic yards $110.00 101 to 1,000 cubic yards $110.00 for the first 100 cubic yards, plus $25.00 for each additional 100 cubic yards, or fraction thereof. $335.00 for the first 1,000 cubic yards, plus $45.00 for each 1,001 to 10,000 cubic yards additional 1,000 cubic yards, or fraction thereof. 10,001 to 100,000 cubic yards $740.00 for the first 10,000 cubic yards, plus $65.00 for each additional 10,000 cubic yards or fraction thereof. $1,325.00 for the first 100,000 cubic yards, plus $100.00 for 100,001 cubic yards or more each additional 10,000 cubic yards or fraction thereof. Page 6 of 12 Packet Pg. 219 1 I 8.4.c I FIRE PERMIT FEES FIRE SPRINKLER PERMITS: Residential IRC Structures New Residential Fire Sprinkler Systems................................................................................................. $300.00 Residential Fire Sprinkler System Alteration..........................................................................................$200.00 Commercial & Multi -Family Fire Sprinkler Systems Newsystems........................................................................................................................... $300.00 + TABLE 1 Modifications: 1 to 5 sprinklers........................................................................................................................................$250.00 6 to 25....................................................................................................................................................... $500.00 26 or more.............................................................................................................................. $300.00 + TABLE 1 Additional inspections/plan review as required................................................................................$110.00/hr FIRE ALARM PERMITS: New fire alarm system........................................................................................................... $300.00 + TABLE 1 Emergency Responders Radio System(DAS)........................................................................ $100.00 + TABLE 1 Modifications: 1 to 5 initiating devices, Communicator (AES, Cellular)....................................................................... $250.00 6 to 25, including panel replacement.....................................................................................................$500.00 26 or more.............................................................................................................................. $300.00 + TABLE 1 Additional inspections/plan review as required................................................................................$110.00/hr TANK PERMITS: Residential fill, remove or install (per each)...........................................................................................$200.00 Commercial fill, remove or install (per each).........................................................................................$450.00 OTHER FIRE PERMITS: Fire Suppression Systems: Commercial Hood Suppression System (per system)......................................................................$325.00 Standpipe............................................................................................................................................ $450.00 FireConnection........................................................................................................................................$500.00 FireOperational......................................................................................................................................$100.00 Fire fees include plan review and inspections. Page 7 of 1? Packet Pg. 220 1 I 8.4.c I PLANNING AND LAND USE FEES GENERAL: Type I (Staff decisions, no notice)............................................................................................................. $275.00 Type 11 A (Staff decisions with notice)....................................................................................................... $970.00 Type I I IA (ADB / Hearing Examiner)............................................................. Hearing Examiner Cost + $2,000.00 Type I I I B (Hearing Examiner)........................................................................ Hearing Examiner Cost + $2,000.00 Type IV (Rezone, Development Agreement)..........................................................................................$7,000.00 Type V (Plan & Edmonds Community Development Code Amendments) ............................................ $7,000.00 LotLine Adjustment................................................................................................................................$1,050.00 Short Subdivision Preliminary Approval................................................................................................$3,225.00 Short Subdivision Civil Plan Review.......................................................................................................$3,050.00 Short Subdivision Final Approval...........................................................................................................$1,590.00 Subdivision Preliminary Approval................................................................ Hearing Examiner Cost + $6,510.00 Subdivision Civil Plan Review.................................................................................................................$4,670.00 Subdivision Final Approval....................................................................................................................$1,590.00 ModificationRequest................................................................................................................................$970.00 Minor Change to Approved Plat............................................................................................................... $275.00 Major Change to Approved Plat....................................................................... Same as Original Application Fee PRD Preliminary Approval......................................................................................................................$6,510.00 PRDFinal Approval.................................................................................................................................$1,590.00 ADB Design Review —Signs ....................................................................................................................... $970.00 Staff Design Review if project exceeds SEPA threshold........................................................................... $970.00 Landscape Plan Inspection Fee......................................................................................................1% of Estimate SEPAReview...............................................................................................................................................$740.00 SEPA Planned Action Compliance Review (Hwy 99)................................................................................$275.00 EISReview........................................................................................................................................................ Cost Outdoor Dining, Amateur Radio............................................................................................................... $275.00 Critical Areas Checklist Application...........................................................................................................$110.00 Critical Areas Checklist Update...................................................................................................................$55.00 Critical Areas Variance / Reasonable Use Application ................................ Hearing Examiner Cost + $7,640.00 Critical Areas Study Admin................................................................................................ $110.00/hr (min. 1 hr) Critical Areas Contingent Review (See ECDC 23.40.195 for more detail on fees).................................$970.00 Shoreline Contingent Review (See ECDC 24.80.100)...............................................................................$970.00 Planning Fee not categorized Request for Reconsideration. $110.00/hr ..... $275.00 Note: When an application is heard by the Hearing Examiner (HE), the cost of the hearing is billed to the applicant. APPEALS: Appeal of Staff Decision (Type I, II or Hearing Examiner) Appeal of Type IIIB Decision to City Council ..................... Appeal of Notice of Civil Violation .................................... ADB = Architectural Design Board HE = Hearing Examiner SEPA = State Environmental Policy Act $450.00 $550.00 $970.00 EIS = Environmental Impact Statement PRD = Planned Residential Development Page 8of1� Packet Pg. 221 1 I 8.4.c I ENGINEERING FEES MISCELLANEOUS FEES: Backflow Prevention Compliance Fee .................................................... $165.00 Developers Agreements.......................................................................... $220.00 + $110.00/hr + City Attorney Fees Fire/Aid Sign Address Fabrication Fee...............................................$100.00/ea Street Sign Fabrication Fee.................................................................$200.00/ea Water and Sewer Availability Letters...................................................$65.00/ea Latecomers Agreement............................................................................ $220.00 + $110.00/hr + City Attorney Fees LID Sewer Agreement.............................................................................. $220.00 + $110.00/hr + City Attorney Fees Variance from Underground Wiring ....................................................... $330.00 + $110.00/hr + City Attorney Fees Special Event Permit Fee (small event / less than 100 people) ............ $50.00/ea Special Event Permit Fee (major event / more than 100 people) ........... $125/ea GENERAL FACILITY CHARGES: • Water GFC's are based on meter size: Water and sewer GFC's shall be paid by each new customer connecting to the utility systems. Storm GFC's shall be paid by the applicant for ESU's added or created by development. Meter Size General Facility Charge %" $5,050.00 1" $12, 624.00 11/2 " $25,248.00 2" $40,397.00 GFC's for Single Family Residences only: Fee is based on meter size required for domestic demand (typically %") GFC shall not be based on meter upsizing for fire sprinkler system only. Sewer Utility GFC............................................................. $4,417.00 per ERU A single family residential development = 1.0 ERU per dwelling unit A multifamily residential development = .67 ERU per dwelling unit Applicants for non-residential development shall pay a GFC equal to the ERU determination that is made by the Public Works Director. Stormwater Management GFC..........................................$799.00 per ESU A single family residential development with up to 5,000 sf hard surface area = 1.0 ESU All other construction calculated according to a ratio of 1.0 ESU per 3,000 sq ft of new, replaced or new plus replaced impervious surface area. Page 9 of 12 Packet Pg. 222 1 I 8.4.c I RIGHT-OF-WAY FEES: Right -of -Way Construction Permit....................................$330.00 + Inspection Fees Right -of -Way Construction Permit —Small Wireless .......... $330.00 + $110/hour for any portion of an hour after the first three hours of staff review time + City Attorney Fees for legal review (if necessary) + Inspection Fees Right -of Way Minor Construction Permit .......................$110.00 + Inspection Fees Street Restoration for Water Meter Installation .........$1,000.00 + Street Overlay Cut Penalty Fee if applicable Street Overlay Cut Penalty Fee.......................................$220.00 + ROW Permit Fees + Add'I per SQYD charge times overlay cut multiplier Encroachment Permit......................................................$330.00 + Recording Fees Street Use Permit..............................................................$110.00 + Bistro Dining Fees if applicable Bistro Dining Fees...............................................................$30.00 Annual Fee + Monthly ROW Use Fee @ $0.50/ SO. FT x 12.84% (leasehold tax) Alley, Sidewalk, Parking Disruption/ Closure Fees ..........$220.00 + ROW Permit + Monthly Closure Fees Closure fees charged for any activity that occupies or closes, sidewalks, parking spaces(s), parking lanes(s) or other paved area of a street/road for more than 72 hours. Monthly portion of Fee [$ per month] = 1% of assessed value per square foot of abutting property x right of way area [SF] disrupted/closed. If disruption/closure affects any portion of the area of a parking space, the area of disruption closure is calculated based upon the area of a full parking space. SEWER FEES: New Commercial & Multi -Family New Single Family ........................ Repair - Full Line Replacement .... Repair - Partial Line Replacement Special Conditions (Grinder Pumps, Ejectors) Drainage Permit (Pool, Hot Tub, Jacuzzi)....... STORMWATER FEES: Stormwater Permit WATER METER FEES: General $220.00 + Inspection Fees Facility $110.00 + Inspection Fees Charges May Apply $110.00 + Inspection Fees $110.00 (Includes 1 inspection +Add'I Inspection Fees, if applicable) $110.00 + Sewer Fees + Utility Engineer Review .. $55.00 Each Occurrence $330.00 +General Inspection Fees Meter Size Meter Fee Installation of New Service & Meter* 3/4" $2,920.00 1" $2,970.00 1%" $6,220.00 2" $6,390.00 *General Facility Charges may apply GFC = General Facility Charge ESU = Equivalent Service Unit ROW = Right of Way ERU = Equivalent Residential Unit Page 10 of 1? Packet Pg. 223 1 I 8.4.c I ICC VALUATION TABLE August 2021 Adopted by City of Edmonds effective Jan 1, 2022 Group (2021 International Building Code) IA IB IIA 116 IIIA IIIB IV VA VB A-1 Assembly, theaters, with stage 298.55 288.43 280.93 269.54 253.09 245.77 260.87 235.34 226.84 A-1 Assembly, theaters, without stage 273.51 263.39 255.89 244.51 228.06 220.73 235.84 210.31 201.80 A-2 Assembly, nightclubs 233.39 226.42 220.85 211.80 199.64 194.14 204.26 180.65 174.48 A-2 Assembly, restaurants, bars, banquet halls 232.39 225.42 218.85 210.80 197.64 193.14 203.26 178.65 173.48 A-3 Assembly, churches 276.84 266.72 259.22 247.83 231.83 225.68 239.17 214.08 205.57 A-3 Assembly, general, community halls, libraries, museums 231.62 221.50 213.00 202.61 185.16 178.84 193.94 167.42 159.91 A-4 Assembly, arenas 272.51 262.39 253.89 243.51 226.06 219.73 234.84 208.31 200.80 B Business 240.93 232.14 224.41 213.38 194.94 187.44 204.97 171.50 163.65 E Educational 253.16 244.50 238.07 227.82 212.65 201.92 219.97 185.88 180.09 F-1 Factory and industrial, moderate hazard 142.51 135.81 128.20 123.31 110.60 105.32 118.02 91.13 85.44 F-2 Factory and industrial, low hazard 141.51 134.81 128.20 122.31 110.60 104.32 117.02 91.13 84.44 H-1 High Hazard, explosives 133.05 126.35 119.74 113.85 102.42 96.14 108.56 82.95 0.00 H234 High Hazard 133.05 126.35 119.74 113.85 102.42 96.14 108.56 82.95 76.26 H-5 HPM 240.93 232.14 224.41 213.38 194.94 187.44 204.97 171.50 163.65 1-1 Institutional, supervised environment 240.35 232.11 225.21 216.12 198.77 193.28 216.40 178.22 172.87 1-2 Institutional, hospitals 403.60 394.81 387.08 376.05 356.54 0.00 367.65 333.11 0.00 1-2 Institutional, nursing homes 280.29 271.50 263.77 252.74 235.00 0.00 244.34 211.57 0.00 1-3 Institutional, restrained 273.98 265.19 257.46 246.43 229.58 221.08 238.03 206.14 196.29 1-4 Institutional, day care facilities 240.35 232.11 225.21 216.12 198.77 193.28 216.40 178.22 172.87 M Mercantile 174.08 167.12 160.55 152.50 140.10 135.60 144.96 121.12 115.94 R-1 Residential, hotels 242.77 234.53 227.63 218.55 200.90 195.42 218.82 180.35 175.00 R-2 Residential, multiple family 203.34 195.11 188.20 179.12 162.64 157.15 179.40 142.08 136.73 R-3 Residential, one- and two-family 189.34 184.22 179.47 175.04 169.94 163.79 172.07 157.66 148.33 R-4 Residential, care/assisted living facilities 240.35 232.11 225.21 216.12 198.77 193.28 216.40 178.22 172.87 S-1 Storage, moderate hazard 132.05 125.35 117.74 112.85 100.42 95.14 107.56 80.95 75.26 S-2 Storage, low hazard 131.05 124.35 117.74 111.85 100.42 94.14 106.56 80.95 74.26 U Utility, miscellaneous 104.03 98.14 92.46 88.40 79.71 73.77 84.55 62.84 59.88 Square Foot Construction Costs a, b, ` a. Private Garages use Utility, miscellaneous b. For shell only buildings deduct20 percent c. N.P. = not permitted d. Unfinished basements (Group R-3) _ $23.20 persq. ft. e. Carport = $25.00 per sq. ft. f. Sunroom (unheated) _ $28.00 g. Deck, Ramp, Stairs, Trellis, Porch = $20.00 per sq. ft. h. Dock = $35.00 per sq. ft. i. Unheated Storage = $25.00 per sq. ft. Page 11 of 1'' Packet Pg. 224 1 I 8.4.c I VALUATION BASED BUILDING PERMIT FEES TABLE 1 Total Valuation** Residential Commercial $1 to $500 $100 Base fee + $30 $100 Base fee + $36 $100 Base fee + $30 for the first $500 + $3 for $100 Base fee + $36 for the first $500 + $3.60 for $501 to $2,000 each additional $100, or fraction thereof to and each additional $100, or fraction thereof to and including $2,000 including $2,000 $100 Base fee + $75 for the first $2,001 + $14 for $100 Base fee + $90 for the first $2,001 + $16.80 $2,001 to $25,000 each additional $1,000, or fraction thereof to and for each additional $1,000, or fraction thereof to including $25,000 and including $25,000 $25,001 to $100 Base fee + $400 for the first $25,001 + $10 $100 Base fee + $480 for the first $25,001 + $12 $50,000 for each additional $1,000, or fraction thereof to for each additional $1,000, or fraction thereof to and including $50,000 and including $50,000 $50,001 to $100 Base fee + $650 for the first $50,001 + $7 $100 Base fee + $780 for the first $50,001 + $8.40 $100,000 for each additional $1,000, or fraction thereof to for each additional $1,000, or fraction thereof to and including $100,000 and including $100,000 $100,001 to $100 Base fee + $1,000 for the first $100,001 + $100 Base fee + $1,200 for the first $100,001 + $500,000 $6 for each additional $1,000, or fraction thereof $7.20 for each additional $1,000, or fraction to and including $500,000 thereof to and including $500,000 $500,001 to $100 Base fee + $3,400 for the first $500,001 + $100 Base fee + $4,080 for the first $500,001 + $6 $1,000,000 $5 for each additional $1,000, or fraction thereof for each additional $1,000, or fraction thereof to to and including $1,000,000 and including $1,000,000 $1,000,001 and $100 Base fee + $5,900 for the first $1,000,000 + $100 Base fee + $7,080 for the first $1,000,000 + up $4 for each additional $1,000, or fraction thereof $4.80 for each additional $1,000, or fraction thereof The Building Valuation Data table shall be updated on January 1st of each year to the latest version as published by ICC. **See Valuation Table located on previous page. TABLE 1 -VALUATION BASED APPLICABLE PERMITS: Commercial Structures: New, Additions & Remodels Garages & Carports Residential Structures: New, Additions & Remodels Swimming Pools (In -Ground) Accessory Structures (Greenhouse/Shed) Cell Communications/ Cellular Facilities Deck, Stairs, Ramps Other permits types as determined Commercial: Hot/Tub and Spas, Solar/ Photovoltaic Systems, Re -roofs & Tenant Improvements Plus: $6.50 Residential State Surcharge Fee per permit and $2 per each dwelling unit $25.00 Commercial State Surcharge Fee per permit and $2 per each dwelling unit Page 12 of 12 Packet Pg. 225 1 8.4.d PUBLIC SAFETY, PERSONNEL & PLANNING COMMITTEE MEETING September 14, 2021 Elected Officials Participating Virtually Councilmember Adrienne Fraley-Monillas Councilmember Kristiana Johnson 1. CALL TO ORDER Staff Participating Virtually Emily Wagener, HR Analyst Scott Passey, City Clerk The Edmonds City Council virtual online PSPP Committee meeting was called to order at 5:00 p.m. by Councilmember Fraley-Monillas. 2. COMMITTEE BUSINESS 1. Audio/Visual Assistant Job Description Ms. Wagener explained the City has long retained an employee via an employment agreement as an administrative assistant in charge of audio/video recording for City Council and Planning Board meetings. Historically, this position has been employed through an employment contract with 2-year terms. Human Resources has reviewed and updated the related job description and compensation and the job description is ready to be reviewed and approved. Once approved, the employee currently working in this position will be transitioned to the hourly wage scale and future employee agreements will no longer be necessary. A brief discussion followed regarding why this position was being transitioned from an employment contract to an employee. Action: Consent Agenda 2. Special Event Permits and Amendments to ECC Title 4 Licenses Mr. Passey explained this proposal has been in the works for years, was delayed due to a lack of events as a result of COVID and now there is renewed interest in special events permitting. The City's special event program has been handled administratively in the past and there was no adopted City code outlining the process or criteria for issuing permits. The purpose is to establish a formal process for permitting special events that impact City right-of-way, public property and other facilities or services. He described the interdepartmental effort to research and draft the code as well as efforts to research and compare other cities' codes and procedures. Another goal of the special event permit code is to distinguish it from events partially or fully sponsored by the City which are governed by a formal agreement that is approved by the Council. Special event permits are smaller events not sponsored by the City such as neighborhood block parties, benefit walks, store's customer events, etc. Staff also cleaned up outdated and obsolete code provisions in Title 4 regarding licenses, updated ECC 4.72 Business Licenses to reflect the city's partnership with the State of Washington Department of Licensing, and updated Chapter 4.98 Constitutionally Protected Events, to address the need for flexibility regarding certain constitutionally protected spontaneous demonstrations. If the Council adopts the new special event permit code, staff recommends adoption of a resolution adding permit fees to the City's Fee Schedule, consistent with the policy of recovering costs associated with reviewing and issuing city permits. Staff proposes a $50 permit fee for events with less than 100 Packet Pg. 226 8.4.d 09/14/21 PSPP Committee Minutes, Page 2 people and $125 for events over 100 people which is similar to fees charged by other cities. Tonight's presentation is intended as an introduction with a future presentation to full Council. Discussion followed regarding whether street -side fruit vendors were required to have a business license, the City Council's role other than adoption of the special event permit policy and fee schedule, a suggestion for a third fee for events with less than 50 people such as block parties, intent of the fee to cover staff time to review impacts, ways to disseminate information to the public about the need for a permit, ADA requirements for special events, adult entertainment locations, and a suggestion to conferring with Transportation Engineer Bertrand Hauss and Diversity Commission VC Dean Olson regarding ADA requirements. N Action: Presentation to full Council. N c as 3. ADJOURN The meeting was adjourned at 5:22 p.m. Packet Pg. 227